Keating and Kirkpatrick

This matter concerned an application before Judge Henderson in the Federal Circuit Court of Australia. The proceedings involved the parents of a child, X, and addressed various issues relating to X's welfare and the parents' conduct. The primary dispute revolved around the mother's application to suspend overnight time for X, which was ultimately dismissed.

The court was required to determine several legal issues, including the mother's application to suspend overnight time, the terms of the child's changeover arrangements, and the conditions under which the child could travel overseas. Additionally, the court considered the appointment of a court expert to prepare a report on matters relevant to section 60CC of the *Family Law Act 1975* (Cth), and the father's conduct on social media.

Judge Henderson's reasoning and the principles applied were largely based on consent orders between the parties. The mother's application to suspend overnight time was dismissed. The court varied existing orders regarding changeovers by consent, specifying the location and requiring parties to leave the vicinity promptly. The mother was permitted to take X on an overseas family holiday under strict conditions, including duration, notification, communication, and provision of make-up time. Crucially, the parties consented to appoint Dr L as a court expert, at their joint expense, to report on factors relevant to section 60CC, with specific provisions for attendance, instructions, communication, and costs. The father was also restrained by consent from discussing proceedings or denigrating the mother on social media.