FERN & FERN

The Family Court of Australia heard competing applications for parenting orders concerning two children, L and N. The dispute primarily concerned the allocation of parental responsibility, particularly regarding the children's religious upbringing, and the specific arrangements for midweek and holiday time spent with each parent. The mother sought sole parental responsibility for religious instruction, while the father sought equal shared parental responsibility in all respects.

The court was required to determine whether to grant the mother sole parental responsibility for the children's religious instruction, or to maintain equal shared parental responsibility as sought by the father. Additionally, the court needed to establish the specific arrangements for the children's midweek time with each parent and to define the holiday periods each parent would have care of the children. The court also considered whether to make orders regarding the children's attendance at religious services, given the mother's Anglican faith and the father's Roman Catholic faith.

Cleary J held that the court could not prefer one religion over another and that there was no basis for making orders that would interfere with the children's religious upbringing. The judge noted that both parents were committed to a religious upbringing for the children within the Anglican Church, and that the father's inclusion of the children in his own Catholic practice did not constitute an attempt to subvert their Anglican upbringing. The court distinguished the present case from *Morrison & Morrison* (1995) FLC 92-639, finding no evidence of dogmatism or dismissiveness of one parent's views by the other. Consequently, no specific orders were made regarding religious instruction, as the existing parental agreement and commitment to the Anglican Church were deemed sufficient. The court also made orders for midweek and holiday time, aiming to ensure stability for the children and to prevent prolonged absences from either parent's care.

The court discharged all previous parenting orders and made new orders for equal shared parental responsibility for the children. The children were to live with the father during specified periods, including alternate weekends from Thursday to Monday and one night in the other week during school terms, with detailed provisions for holiday periods. Specific arrangements were also made for the children to spend time with the parent they would not normally be with on their birthdays, Mother's Day, Father's Day, and Easter Sunday. The court also outlined the procedures for changeovers between parents.