Ray and Chatters

This matter concerned an application before Benjamin J in the Family Court of Australia, involving the parties Ray and Chatters. The dispute centred on proposed consent orders relating to the care arrangements for a child, with specific variations sought by the parties and the Independent Children’s Lawyer.

The court was required to determine the specific terms of the orders concerning the child's time with each parent, particularly during school holiday periods. This included variations to the commencement and conclusion dates for the Easter 2012 school holidays, the conditions for the child's accommodation during that period, and arrangements for the child to meet a new sibling. Further, the court needed to address the commencement of the Christmas school holiday period for 2012 and 2013, and the alternating arrangements thereafter. The court also considered the particulars of obligations and consequences of contravention of the orders, and the role of the Independent Children’s Lawyer in forwarding relevant documents to the Psychologist Registration Authorities for their consideration.

Benjamin J made orders in accordance with a minute of consent, subject to several variations. These variations included specific dates and supervision requirements for the Easter holidays, ensuring the child slept in a separate room from the father. Provisions were also made for the child to meet a new sibling promptly if the mother gave birth during the relevant period, with specific overnight arrangements. The court also varied the commencement of the Christmas holidays to ensure the child spent Christmas Day with the mother in 2012 and 2013, with alternating arrangements thereafter. The court also directed the Independent Children’s Lawyer to forward various documents, including the orders, reasons, affidavit, report, and transcripts of sessions with Ms C, to the Psychologist Registration Authorities for their review regarding Ms C's conduct.