Korban v Korban

This case concerned parenting orders made by consent between the father and mother of a child born in May 2001. The primary dispute revolved around the specific arrangements for the child's living arrangements and time spent with each parent, particularly during school terms, school holidays, and significant annual events. The orders also addressed practical matters such as transportation, communication, overseas travel, and relocation.

The court was required to determine the precise terms of the parenting orders, reflecting the parties' agreement on equal shared parental responsibility. This involved defining the child's primary residence, the schedule for time spent with each parent during school terms, and the division of time during school holidays, including Christmas and other significant religious observances. Further issues included provisions for parental birthdays, the child's birthday, and communication protocols between the parents and with the child.

The court's reasoning, as evidenced by the detailed orders, was to establish a clear and comprehensive framework for the child's care and contact with both parents. The orders reflect a practical approach to implementing equal shared parental responsibility, aiming to ensure the child maintains meaningful relationships with both parents. This included specific provisions for the exchange of the child, communication methods, and notification requirements for holidays and relocation. The orders also included clauses for the suspension of certain provisions to accommodate specific events, such as public holidays and birthdays, ensuring those occasions could be spent with the relevant parent.

The final orders established a detailed schedule for the child's living arrangements and time with each parent, including provisions for school terms, holidays, and special occasions. These orders were made by consent of the parties, reflecting their agreement on equal shared parental responsibility and the specific arrangements for their child.