Kirby & Anor and Hewitt & Anor

In *Kirby & Anor and Hewitt & Anor*, Benjamin J of the Federal Circuit and Family Court of Australia made orders concerning the parental responsibility and living arrangements for a child. The applicants, Ms Kirby and Mr Kirby, sought orders regarding the child, B, born in 2015. The respondents were also parties to the proceedings.

The court was required to determine and formalise the parental responsibility for the child, where the child would live, and whether the applicants should have permission to take the child out of the Commonwealth of Australia for holidays without the consent of the respondents.

The orders were made by consent of the parties. Consequently, the court ordered that the applicants have sole parental responsibility for the child and that the child live with the applicants. Furthermore, the applicants were granted permission to take the child out of the Commonwealth of Australia for holidays at any time, without requiring the consent of the respondents. The court also noted that particulars of the obligations created by these orders, the consequences of contravention, and details of assistance for compliance were set out in an attached Fact Sheet, which formed part of the orders pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).