Hong and Fletcher

In the matter of *Hong and Fletcher*, Benjamin J of the Family Court of Australia considered a dispute between the mother and the father concerning parenting orders. The proceedings concluded with the court making orders based on a minute of consent signed by both parents and the Independent Children’s Lawyer.

The primary legal issue before the court was to determine the appropriate parenting orders to be made, reflecting the agreement reached by the parties. The court was also required to consider the provisions of sections 65DA(2) and 62B of the relevant legislation, which pertain to the particulars of obligations and consequences of contravention of such orders, as well as the provision of assistance for compliance.

Benjamin J reasoned that the consent orders, having been agreed to by all parties including the Independent Children’s Lawyer, represented a considered and appropriate resolution of the parenting dispute. The court applied the principles governing consent orders in family law, which favour upholding agreements reached by parties where they are in the best interests of the child. The court incorporated the particulars required by sections 65DA(2) and 62B into the orders via an attached Fact Sheet, ensuring clarity regarding obligations, potential consequences of contravention, and available support. The court also made directions regarding the provision of an electronic copy of the consent orders and certified the reasonableness of engaging counsel.