WHEELOCK & BENN

Berman J of the Family Court of Australia made orders concerning the living arrangements and time spent with three children, X, Y, and Z, born in 2003, 2004, and 2006 respectively. The proceedings were conducted on the papers, with limited submissions directed to areas of disagreement, as the parties were in substantial agreement regarding the proposed final orders. All previous orders and outstanding contravention applications filed by the mother were discharged and dismissed, respectively.

The court was required to determine the specific arrangements for the children's residence and time with each parent, ensuring the children remained together during weekends and school holidays. Key issues included establishing equal shared parental responsibility, defining where each child would live, and detailing the schedule for time spent with the parent with whom the child did not reside, including provisions for school holidays, birthdays, and Christmas. The court also needed to address communication protocols, the disclosure of information regarding the children's welfare and development, and arrangements for obtaining passports.

In reaching its decision, the court applied principles of family law concerning children's best interests, particularly in the context of agreed orders. The reasoning focused on formalising the agreed arrangements, which included specific provisions for the children to live with one parent while spending significant time with the other, and detailed stipulations for holidays and special days. The court also made orders regarding parental communication, the disclosure of information, and the process for obtaining and retaining passports, as well as injunctions restraining denigration of a parent in the children's presence and discussion of proceedings on social media.

The final orders discharged previous orders and dismissed the mother's contravention applications. Equal shared parental responsibility was ordered for all three children. X was ordered to live with the mother, while Y and Z were ordered to live with the father. Detailed provisions were made for the children to spend time with the parent with whom they did not reside, including alternate weekends, half of school holidays, and specific arrangements for birthdays and Christmas. Further orders addressed communication, information sharing, passport arrangements, and injunctions to protect the children from parental conflict.