Eccles and Cousens and Anor

In the Family Court of Australia, Benjamin J presided over proceedings involving Ms Eccles (the mother) and Mr Cousens (the father) concerning their child, B. The dispute centred on parenting arrangements for B, with the court ultimately making orders discharging all previous parenting orders and establishing new arrangements.

The court was required to determine the most appropriate parenting orders for B, considering the child's best interests. This involved assessing the living arrangements, parental responsibility, and the nature and extent of the child's time with each parent. The court also had to consider the child's medical and psychological well-being, as well as the communication and co-operation between the parents.

Benjamin J ordered that B live with the mother and that the mother have sole parental responsibility. The father was granted specific, supervised time with B during school holidays, with the child's wishes being a significant factor in determining the specifics of this time. The orders also mandated extensive medical and psychological assessments and treatment for B, with the mother responsible for facilitating these. Furthermore, the court imposed strict communication protocols between the parents and with the Independent Children's Lawyer, and included orders restraining derogatory comments about family members. The mother was also directed to attend parenting courses.