KIRIAKOPOULO & BRODY

The case of Kiriakopoulo & Brody concerned parenting orders made by Benjamin J in the Federal Circuit and Family Court of Australia. The dispute involved the mother, Ms Kiriakopoulo, and the father, Mr Brody, regarding the care arrangements for their two children, X and Y. The orders addressed issues of parental responsibility, living arrangements, relocation, schooling, and time spent with each parent during school terms, holidays, and special occasions.

The court was required to determine the specific arrangements for the children's living situation, including the primary caregiver and the extent of time each parent would spend with them. Key issues included the mother's proposed relocation of the children's residence to the Sydney metropolitan area, the enrolment of the children in specific schools, and the division of time between the parents, particularly in light of potential changes to the father's proximity to the children's school. The court also had to establish clear guidelines for special occasions, travel, communication, and the conduct of each parent in relation to the children and the other parent.

Benjamin J made orders by consent regarding equal shared parental responsibility. By determination, the court ordered that the children live with the mother and permitted her to relocate them to Sydney. Detailed provisions were made for the children's schooling, including enrolment at specific institutions and the possibility of one child living primarily with the father if attending a particular school. The court then set out a complex schedule for the children's time with the father, differentiating between periods before and after the end of term 4, 2018, and depending on the father's distance from the children's school. Further orders specified the division of school holidays, special occasions such as Christmas and Easter, and other significant dates like birthdays and name days. The judgment also included provisions for travel arrangements, communication between parents regarding school matters and emergencies, and prohibitions against denigration of either parent.