Neil and Osten

In the matter of Neil and Osten, Young J of the Family Court of Australia considered a dispute between the husband and wife concerning their children. The proceedings involved an application for consent orders negotiated by the parties, which were opposed by the independent child lawyer.

The court was required to determine the appropriateness of the consent orders for the children, particularly in light of the independent child lawyer's opposition. Additionally, the court needed to address the children's living arrangements, parental responsibility, and the potential removal of the children from Australia.

By consent, the court made orders for equal shared parental responsibility for the children. The children were to live with the wife and husband in alternate weeks, with specific arrangements for changeovers at school or daycare, or at the husband's mother's home or McDonald's if the children were not attending school. The orders also stipulated that the children would spend two weeks each year with each parent, including specific holidays, and allowed for daily telephone contact. The court further ordered that the children attend a particular primary school and restrained the parties from denigrating each other to or within the hearing of the children. Pursuant to s.62G(2) of the *Family Law Act 1975*, the court ordered that the independent child lawyer confer with a Family Consultant to prepare a report on the appropriateness of the consent orders. Until further order, both parties were restrained from removing the children from the Commonwealth of Australia. All extant applications were adjourned pending the preparation of the report and advice from the parties that the matter was ready to proceed. The court also noted that particulars of the obligations and consequences of contravening the orders were set out in an attached Fact Sheet.