Kirk and Kirk and Anor (No 2)

In the matter of *Kirk and Kirk and Anor (No 2)*, Berman J of the Federal Circuit Court of Australia was required to determine parenting orders concerning two children, B (born 2008) and C (born 2014). The dispute involved the mother, the father, and the grandmother, with the court ultimately making orders regarding parental responsibility, living arrangements, and time spent with each party and the grandmother.

The central legal issues before the court were to establish who would have sole parental responsibility for the children, where the children would live, and the specific arrangements for the children to spend time with the mother, father, and grandmother. The court also had to consider provisions for special occasions, holidays, and the exchange of information between the parties, as well as address any necessary restraining orders to ensure the children's welfare.

Berman J ordered that the mother have sole parental responsibility for both children and that they live with her. The court then detailed a comprehensive schedule for the children to spend time with the grandmother (specifically B) and the father (specifically C), including alternate weekends, school holidays, and specific times on Christmas Eve and Christmas Day, alternating annually between the parties. Provisions were also made for time spent on Mother's Day and Father's Day, and for other agreed times. Crucially, the court granted injunctions restraining the grandmother and father from seeking medical treatment for the children without the mother's authority, except in emergencies, and ordered that school reports and other information be provided to the grandmother and father at their expense.