FARINA & LOFTS

This matter concerned parenting orders for two children, N and M, born in 2006 and 2010 respectively. The dispute involved the parents' arrangements for the children's care, living arrangements, parental responsibility, and communication. The orders were made by Hogan J in the Family Court of Australia.

The court was required to determine the specific living arrangements for the children, including an alternate-week regime during school terms and holidays. It also needed to establish the framework for equal shared parental responsibility concerning major long-term issues such as education, health, and religious upbringing. Further issues included the process for parental consultation and decision-making, provisions for day-to-day care, arrangements for school holidays, and specific times for the children to spend with each parent on birthdays and Father's Day/Mother's Day. The court also addressed communication protocols between parents and with the children, restrictions on discussing proceedings with the children, and international travel arrangements.

Hogan J discharged all previous parenting plans and orders, establishing a new regime from 29 January 2021. The children were to live with their mother until that date, after which they would reside with their parents on an alternate-week basis. The court ordered equal shared parental responsibility for major long-term issues, mandating a detailed consultation process for decision-making, including written proposals and responses within specified timeframes. Provisions were made for day-to-day care decisions by the parent with whom the children are residing. Specific arrangements were detailed for school holidays, including an alternate-half arrangement for the end-of-year holidays, and for special occasions such as Father's Day, Mother's Day, and the children's birthdays. The court also outlined communication protocols, including specific times for telephone or video calls, and emphasised the importance of respecting each parent's privacy and speaking respectfully of the other parent in the children's presence. Travel arrangements, including international travel, were also regulated, requiring advance notice and documentation.

The final orders discharged all prior parenting plans and orders, and established a detailed alternate-week living arrangement for the children. Equal shared parental responsibility was ordered for major long-term issues, with a structured consultation process. Specific provisions were made for holidays, birthdays, communication, and international travel. The court also directed the removal of the children's names from the Family Law Watch List for international travel purposes and discharged the Independent Children's Lawyer, unless an appeal was filed. All outstanding applications were dismissed.