Xiu and Hodges

This matter concerned parenting orders made by Justice Bennett in the Federal Circuit and Family Court of Australia. The dispute involved the parents of a child, K, born in 2002, regarding various aspects of K's upbringing, including educational and health decisions, as well as time spent with each parent.

The court was required to determine the allocation of parental responsibility for educational and health decisions, the specific arrangements for K's schooling and attendance, and the detailed time spent between the parents. Further issues included the management of K's health services, including specialist appointments and the role of K's paediatrician, as well as the parents' communication and conduct towards each other. The court also considered applications relating to disability support and the potential for further applications under the *Family Law Act 1975* (Cth).

Justice Bennett applied principles of family law concerning the best interests of the child, aiming to provide clarity and structure to the parents' responsibilities and K's living arrangements. The orders discharged previous parenting orders and established a framework for sole parental responsibility for educational decisions by the mother, with specific notification requirements to the father. Sole parental responsibility for health decisions was granted to the father, also with detailed notification obligations to the mother, and specific provisions for K's paediatrician and general practitioners. The court also mandated school attendance for K, prohibiting home-schooling, and outlined a detailed schedule for K's time with each parent, including provisions for holidays and special days. Injunctions were imposed on both parents to prevent denigration and to manage communication regarding K's care.

The court ordered the discharge of all previous parenting orders and made detailed new orders concerning parental responsibility for education and health, time spent with each parent, and communication protocols. The parents were restrained from making further applications without leave, and provisions were made for costs applications. The Independent Children's Lawyer was directed to provide copies of the orders and reasons for decision to relevant parties and institutions.