Ellis & Warner

This matter concerned an application before Benjamin J in the Family Court of Australia, brought by the mother and father of three children, M, R, and D. The dispute revolved around arrangements for the children's living arrangements, parental responsibility, and communication between the children and parents following separation.

The court was required to determine the terms of consent orders regarding equal shared parental responsibility for the children, and specific living arrangements for each child, M, R, and D, between the mother and father. Further issues included provisions for communication between the children and parents, travel arrangements between New South Wales and Tasmania, and the exchange of medical and school information. The court also considered the appointment and role of an Independent Children's Lawyer, and the consequences of contravening the orders.

Benjamin J made orders by consent of the parties. These orders established equal shared parental responsibility for all three children. Specific living arrangements were detailed, with M to live with the mother, but with significant time spent with the father during school holidays and other agreed periods, subject to M's views. R and D were to live with the father, with specified periods of time spent with the mother during school holidays, ensuring the children were together during these times. The orders also included provisions for regular communication between the children and each parent, responsibilities for travel, and the exchange of medical and educational information. Both parents were ordered to attend a parenting after separation course and were restrained from providing alcohol to the children. The Independent Children's Lawyer's appointment was extended for six months to inform the children of the orders.