Leske & Leske

This matter came before Justice Murphy of the Family Court of Australia concerning parenting orders for five children. The dispute involved the father and mother, who sought to formalise arrangements for the children's living arrangements, parental responsibility, and communication. The court was presented with Minutes of Consent outlining the proposed orders.

The primary legal issues before the court were to determine the nature of parental responsibility to be exercised by the mother and father, to establish the children's living arrangements during school terms and holidays, and to set out the practical arrangements for the handover of the children between parents. The court was also required to consider provisions for communication between parents regarding the children's welfare, education, and health, as well as orders preventing denigration of a parent and the discussion of court proceedings in the children's presence.

Justice Murphy, by consent of the parties, made orders reflecting the Minutes of Consent. These orders established equal shared parental responsibility for all major long-term decisions concerning the children's care, welfare, and development. The children were to live with the father on alternate Thursdays during school terms, and specific arrangements were made for the other children to live with the father on alternate Fridays. School holidays were to be divided equally between the parents, with specific allocations for the 2009/2010 year and subsequent alternating years. The orders also detailed provisions for Mother's Day and Father's Day, parental consultation on major issues, and the use of a Family Consultant if agreement could not be reached. Further orders addressed communication, school and medical information access, and prohibitions against denigration and discussing court proceedings in the children's presence.

The court ordered that the matter be adjourned for a further hearing on 21 October 2009, at which time a Family Report was to be considered. The orders also mandated that both parents enrol in and attend a Parenting Orders Program.