JASON & JASON

This matter concerned an application before Hannam J in the Federal Circuit and Family Court of Australia. The dispute involved parenting arrangements for two children, B and C, born in 2010 and 2011 respectively. The court was required to make orders regarding the children's living arrangements, parental responsibility, and time spent with each parent, as well as establish protocols for communication and information sharing between the parents.

The primary legal issue before the court was to determine the best interests of the children, B and C, in relation to their living arrangements and the allocation of parental responsibility. This involved considering the practicalities of daily life for the children, including where they would reside, how they would spend their time with each parent, and the level of communication and involvement each parent would have in their lives. The court also had to address the need for clear guidelines to facilitate co-parenting and minimise conflict.

Hannam J made orders reflecting the agreement of the parties, as detailed in a document prepared by the Independent Children’s Lawyer. These orders stipulated that the children would live with their father and that both parents would share equal parental responsibility. Specific provisions were made for the children to spend time with their mother, including weekly contact and liberal telephone communication, with the father responsible for transport. The court also imposed orders restraining criticism of either parent in the children's presence and requiring both parents to facilitate the exchange of school reports and other relevant information. Further orders were made concerning the exchange of residential and contact details, notification of medical attention, and the use of a communication book. The court also set a timetable for the filing of evidence, amended applications, and the preparation of a chronology and outline of case, with a view to a three-day trial.