Kimberley and Kimberley

This case involved parenting orders concerning two children, M and S, born in 2007 and 2008 respectively. The proceedings were before Stevenson J of the Family Court of Australia. The matter was listed for a final hearing, which had been adjourned part-heard. Upon resumption, the parties engaged in negotiations and successfully resolved most parenting issues, leaving only four discrete matters for judicial determination.

The court was required to determine issues relating to parental responsibility, the division of Christmas school holiday periods, and the conditions surrounding overseas travel with the children. Specifically, the court had to decide whether the presumption of equal shared parental responsibility under s 61DA of the *Family Law Act 1975* (Cth) was rebutted, how the Christmas school holidays should be allocated between the parents, and whether overseas travel should be restricted to Hague Convention countries and limited in duration, with provisions for notification and liberty for the other parent to care for the children during absences.

Stevenson J applied the relevant legal principles and determined that the presumption of equal shared parental responsibility was not rebutted, ordering that the parties have equal shared parental responsibility for the children. The court declined the mother's proposal for the first half of the Christmas school holidays, instead ordering that these holidays alternate between the first and second halves each year. Regarding overseas travel, the court found it highly unlikely the mother would take the children to a non-Hague Convention country and fail to return them, and therefore declined to make orders preventing such travel. The court did, however, accede to a proposal regarding the length of absence when a parent is away, requiring notification and providing liberty for the other parent to care for the children during such periods.

The court made final orders discharging previous parenting orders and establishing new arrangements. These included orders for the children to live with the mother, with specific time spent with the father during school terms and holidays, including alternating Christmas holiday periods. The orders also detailed provisions for special occasions, changeovers, notification of injuries and medical appointments, parental involvement in school activities, access to school reports, communication details, and restrictions on denigration. Further orders addressed passport arrangements and overseas travel, including notification requirements and the provision of contact details. Finally, orders were made regarding notification when a parent is away for more than three consecutive nights and the children are cared for by a third party, and the court incorporated a fact sheet detailing obligations and consequences of contravention.