West and Marley

This matter concerned parenting orders made by Benjamin J in the Federal Magistrates Court of Australia. The proceedings involved the mother and father of three children, B (born November 1997), N (born October 1999), and C (born August 2001). The court was required to determine the future parenting arrangements for these children, including issues of parental responsibility, living arrangements, and time spent with each parent.

The court was tasked with determining the specific orders regarding the children's residence, the father's time with the children, communication arrangements between the parents and the children, and the conduct expected of each parent while the children are in their care. Additionally, the court needed to address the children's participation in counselling and the communication methods between the parents. The court also considered the implications of contravening the orders and the availability of assistance for compliance.

Benjamin J discharged all prior parenting orders and made new orders reflecting shared parental responsibility under s61C of the *Family Law Act 1975* (Cth). The children were ordered to live with the mother, with detailed provisions for the father's time with them, including specific dates and alternate weekends from July 2011 onwards. The orders also stipulated telephone contact arrangements, prohibited denigration of either parent or their families, and forbade discussion of the proceedings with the children. Both parents were ordered to abstain from illicit drugs and alcohol while the children were in their care, and to use a communication book. The children were directed to attend counselling with Relationships Australia, and the court attached a fact sheet detailing the obligations and consequences of contravention. The case was assigned to a specific list, and further hearings were adjourned, with a direction for a child welfare authority report on allegations made by Ms L.