Melson & Divjak

In the matter of Melson & Divjak, McEvoy J of the Federal Circuit and Family Court of Australia made orders concerning the parenting arrangements for the parties' two children. The dispute primarily concerned minor differences regarding the children's time with the father, the location for changeovers, schooling arrangements, and overseas travel during COVID-19 restrictions. The majority of the orders were made by consent, with the court determining the outstanding issues.

The court was required to determine the specific arrangements for the children's time with each parent, including the timing and duration of these periods, particularly in relation to school holidays and religious festivals. Further issues for determination included the location and method of changeovers between parents, the schooling arrangements for the children, and the conditions under which overseas travel might be permitted, especially in light of ongoing COVID-19 related government restrictions. The court also considered a dispute regarding a non-denigration order and the specific wording of that order.

McEvoy J's reasoning focused on the best interests of the children. The court found the father's proposed changeover arrangements to be more consistent with the children's best interests, as they minimised the need for the children to walk considerable distances and clearly delineated the responsibilities of each parent for drop-off and pick-up. Regarding schooling, the court noted a lack of evidence presented by the mother for her specific proposal and, in light of the parties' agreement for equal shared parental responsibility, declined to make orders mandating attendance at a particular school or requiring the father to facilitate language classes. However, an order was made for the parties to use their best endeavours to agree on schooling arrangements. The court also addressed the non-denigration order, clarifying that it applied only to the mother and her family, and found no difficulty with the father's proposed wording.

The court made orders by consent covering a comprehensive range of parenting matters, including equal shared parental responsibility, specific time arrangements for the children with both parents, provisions for religious festivals, school holidays, changeover locations, communication protocols, and health-related matters. The court also issued injunctions restraining the removal of the children from Australia and requested their names be placed on the Family Law (Airport) Watchlist. All previous parenting orders and extant applications were dismissed.