Garrido & Garrido

The Federal Circuit and Family Court of Australia (Division 2) considered an application by Ms. Garrido for final consent orders in a parenting matter concerning her and Mr. Garrido, who are the parents of two children. The application was made at the conclusion of Ms. Garrido's case, and the matter involved the cessation of time between Mr. Garrido and one of the children, as well as the overall parenting arrangements. The court was required to determine whether the proposed consent orders were in the best interests of the children, whether an unacceptable risk existed, and the nature and scope of the court's duty when making parenting orders under Division 12A of Part VII of the Family Law Act 1975 (Cth).

The court examined the evidence presented and the submissions made by both parties, as well as the Independent Children's Lawyer. The court considered the welfare and best interests of the children as the paramount consideration, in accordance with the principles set out in the Family Law Act 1975 (Cth). The court also assessed the risk of harm to the children and whether the proposed consent orders would adequately protect their welfare. After reviewing the evidence and submissions, the court found that the proposed consent orders were in the best interests of the children and did not pose an unacceptable risk.

The court made final consent orders in terms of the document entitled “Minute of Consent Order”, attached to the court's reasons for judgment. The orders included amendments pronounced by the Court on 14 May 2024 with the agreement of all parties. The form of the order was subject to the entry in the Court’s records, and the court's reasons for judgment may be subject to review to remedy minor typographical or grammatical errors or to record a variation to the order.

The court emphasised the importance of the welfare and best interests of the children in making parenting orders, and the need for the court to carefully consider the evidence and submissions before making such orders. The court also noted the duty of the parties to cooperate and make genuine efforts to reach agreement on parenting arrangements, in accordance with the principles of the Family Law Act 1975 (Cth).