Marsh and Denpak

This matter concerned competing applications between the applicant, Marsh, and the respondent, Denpak, before Judge Brown of the Family Court of Australia. The dispute involved arrangements for the children of the marriage, X and Y, and related orders concerning their care, education, and the parties' conduct towards each other and the children.

The court was required to determine issues including the nature of parental responsibility, the specific living arrangements for the children during school terms and holidays, and the terms of an injunction to prevent the denigration of either parent in the children's presence. Further issues included the children's removal from South Australia or Australia, the notification of serious illness or injury, and the discussion of proceedings with the children. The court also addressed the physical discipline of the children and made orders regarding the children's schooling for the 2015 academic year, including the enrolment of child Y and the authorisation for the mother to enrol child X.

The court made orders for equal shared parental responsibility for the children. It established a detailed schedule for the children to live with each parent, alternating between them during school terms and holidays, with specific provisions for the Christmas period. Injunctions were granted to restrain both parties from denigrating each other in the presence of the children, removing the children from South Australia or Australia without consent, discussing the proceedings with the children, or physically disciplining them. The court also mandated that each party inform the other of any serious injury or illness affecting the children and to advise of treating medical practitioners. Orders were also made concerning the children's school enrolments for 2015 and the location for child exchanges if necessary.