Preston v Preston

The case of *Preston v Preston* concerned parenting orders made by Forrest J in the Federal Circuit and Family Court of Australia. The dispute involved the mother and father of two children, J and B, regarding arrangements for their care and communication following the parents' separation.

The court was required to determine the nature of parental responsibility for the children, specifically in relation to "major long-term issues" and other day-to-day matters. Furthermore, the court had to establish detailed co-parenting arrangements, including where the children would live, how they would spend time with each parent, and provisions for communication between the children and the non-resident parent, particularly in the event of the mother residing overseas. The court also addressed arrangements for special occasions, the exchange of information regarding the children's education and health, and the attendance of both parents at school and extracurricular activities.

Forrest J made orders establishing equal shared parental responsibility for major long-term issues, with each parent having responsibility for day-to-day matters when the children were in their care. The court then set out specific co-parenting schedules, differentiating between the mother residing in Australia and the mother residing overseas. These orders detailed the periods the children would live with each parent during school terms and holidays, including alternating arrangements for school holidays and specific commencement dates for term-time arrangements. Comprehensive provisions were made for communication between the children and the parent with whom they were not residing, with minimum contact frequencies stipulated. The orders also included provisions for transitions between households, special occasions such as birthdays and Father's/Mother's Day, and the exchange of information concerning the children's schooling and health.

In addition to the parenting arrangements, the court ordered both parents to attend a post-separation parenting program within six months and for the mother to attend psychological therapy, with the father to share equally in the net cost. All outstanding parenting applications were dismissed. The court also included a Fact Sheet detailing the obligations created by the orders, the consequences of contravention, and sources of assistance for compliance.