FENTON & FENTON

This matter concerned parenting orders made by Benjamin J in the Family Court of Australia. The proceedings involved Ms Fenton (the mother) and Mr Fenton (the father), concerning their three children: J, M, and Y. The dispute centred on the arrangements for the children's residence, parental responsibility, and communication between the parents.

The court was required to determine the specific parenting orders that would best serve the interests of the children. This included deciding on the allocation of sole parental responsibility for each child, establishing a detailed schedule for the children's living arrangements during school terms and holidays, and outlining the communication protocols between the parents regarding the children's welfare, education, and health. The court also addressed undertakings by the parties concerning physical discipline, criticism of each other, and exposure to substance use.

Benjamin J discharged all previous parenting orders and made new orders reflecting a division of sole parental responsibility, with the mother having it for J and M, and the father for Y. The court established a complex schedule for the children's residence with each parent, alternating weekly during school terms and detailing specific arrangements for school holidays and Christmas. Crucially, the court also incorporated consent orders regarding the parents' conduct towards each other and the children, including prohibitions on physical discipline, denigration, and exposure to cannabis use or excessive alcohol. The court also directed the Independent Children's Lawyer to forward specific documents to the Department of Health and Human Services and to inform the children of the orders. Property proceedings between the parties were withdrawn and dismissed by consent.