KENTA & NEMELIA

In the matter of KENTA & NEMELIA, Justice Stevenson of the Federal Circuit and Family Court of Australia made consent orders concerning the children F and W. The dispute involved arrangements for the children's living arrangements, parental responsibility, time spent with each parent, and associated financial and communication protocols.

The court was required to determine the specific terms of parental responsibility for major long-term issues and day-to-day care, the children's living arrangements, the schedule for the children spending time with the father, the division of travel costs for this time, and provisions for communication and information sharing between the parents regarding the children's health and education. Further issues included arrangements for international travel, the holding of passports, and the resolution of any disputes regarding the interpretation of the orders.

The orders reflect a consent agreement between the parties. The mother was granted sole parental responsibility for major long-term decisions, with a defined process for consultation with the father. The children are to live with the mother, and specific, alternating schedules for time spent with the father during school holidays were established, along with detailed definitions of how this time is calculated. The parties are to share the costs of the children's return travel to Sydney, with each parent purchasing tickets for alternate trips. Both parents are to be kept informed of the children's health and educational progress, with provisions for the exchange of school reports and medical information. The orders also include clauses regarding international travel, communication, and the prohibition of denigration of the other parent.

By consent, all existing orders in relation to the children were discharged. The mother was granted sole parental responsibility for major long-term issues, with a defined consultation process with the father. The children are to live with the mother, and detailed orders were made regarding the children spending time with the father during school holidays, including the division of travel costs. The court also made orders regarding communication, information sharing, international travel, and the holding of passports. The father was ordered to pay a sum to the Legal Aid Commission of New South Wales for the costs of the Independent Children’s Lawyer, and all outstanding applications and responses were dismissed.