Hawke and Hawke

In Hawke and Hawke, Justice Cronin of the Family Court of Australia was required to determine parenting orders concerning the children L and S. The proceedings involved an application by the husband and wife, with the court discharging previous orders made by the Magistrates Court at Wodonga.

The central legal issues before the court were the nature of parental responsibility for the children, including decision-making regarding their education, extracurricular activities, and healthcare, as well as the specific arrangements for the children to live with and spend time with each parent. The court also had to consider mechanisms for resolving future disputes and the consequences of contravening the orders.

Justice Cronin ordered that the husband and wife have equal shared parental responsibility for the children. Crucially, decisions concerning the children's schooling, participation in non-school extracurricular activities, choice of medical and dental practitioners, and medical or dental procedures requiring parental consent were stipulated to require the agreement of both parties. In the event of disagreement on these matters, the parties were directed to attend family resolution counselling, with further court application permitted only after compliance with section 60I of the Family Law Act 1975 (Cth) and failure to resolve the dispute. Urgent medical decisions were permitted to be made by the wife if deemed necessary by a health professional. The court then detailed a comprehensive schedule for the children to live with and spend time with each parent, including provisions for holidays, birthdays, and changeovers, and mandated the use of a communication book for health and developmental matters.