MINUTES OF CONSENT
BY CONSENT IT IS ORDERED
1.That all previous Orders and Parenting Plans be discharged.
Parental Responsibilities
2.That except as otherwise stated, the Father and the Mother are to have equal shared parental responsibility for the major long term issues of the children insert names and dates of birth.
3.That the parents are to consult with each other about decision to be made in the exercise of their equal shared parental responsibility as follows:
3.1.They shall inform the other parent about the decision to be made;
3.2.They shall consult with each other on terms that they agree;
3.3.They shall make a genuine effort to come to a joint decision.
4.That notwithstanding the provisions of Order 3:
4.1.The Mother shall be responsible for the daily care, welfare and development of the children when they are living with or spending time with her;
4.2.The Father shall be responsible for the daily care, welfare and development of the children when they are living with or spending time with him.
Exchange of Information
5.That the Mother and Father shall:
5.1.Keep the other parent informed al all times of their residential address and landline contact telephone number and of any changes within forty-eight (48) hours of any change occurring.
5.2.keep the other parent informed of the names and addresses of any treating medical or other health practitioners who treat the children and authorise those practitioners to provide the other parent with information that they are lawfully able to provide about the children;
5.3.
5.4.Consult the other parent prior to enrolling any of the children in sporting or other extra-curricular activities and acknowledge that each parent is able to attend any sporting or other extra-curricular activities in which any of the children are participating;
5.5.Inform the other parent as soon as reasonable practicable of any medical condition, significant health issue or illness suffered by the children. This Order authorises any treating medical practitioner to release the children’s medical information to the other parent;
5.6.Advise the other parent in writing of their intention to travel with the children to any location outside of a radius of 250 kilometres from their usual residence, with such notice to be provided at least 48 hours prior to the intended travel and to provide details of the address where the children will be residing, contact telephone numbers and the date of intended departure and return.
6.The parents authorise by this Order, the schools attended by the children to give each parent information about the children's educational progress and other related activities and supply them with copies of school reports, photographs, certificates and awards obtained by the children (at that parent’s cost).
7.During the time a child is with either parent, that parent shall:
7.1.Respect the other parent's privacy and not question the children about the personal life of the other parent;
7.2.Speak of the other parent respectfully and refer to the other parent as “mum”,”dad”,”mummy” or “daddy” as the case may be;
7.3.Not denigrate or insult the other parent in the presence or hearing of the children and use their best endeavours to ensure that others do not denigrate or insult the other parent to or in the presence of the children;
7.4.Be of good behaviour to one another and not to commit an act which could be construed as an act of domestic violence as defined in the Domestic Violence and Family Protection Act 1989 (Qld).
7.5.Not to consume alcohol to excess or use any illicit drugs so as to be under the influence of either alcohol or any illicit drugs or permit the child to remain in the presence of an person using illicit drugs.
Time with Other Parent
8.That the childrenare to live with, spend time with and/or communicate with their Mother and Father as agreed between the parents and if they fail to agree as follows.
9.That the children shall live with the Father during school term:
9.1.each alternate week from after school Thursday until before school Monday to continue fortnightly thereafter until the commencement of any school holiday period;
9.2.each other week from after school Thursday to before school Friday;
9.3.this Order shall be suspended for the school holiday periods.
10.That otherwise, the children shall live with the Mother during school term.
11.That the children shall spend time/live with their parents for school holiday periods as follows;
11.1.For the first half of the Easter, June/July, September/October and Christmas school holiday periods in even numbered years with the Father and in odd numbered years with the Mother;
11.2.For the second half of the Easter, June/July, September/October and Christmas school holiday periods in odd numbered years with the Father and in even numbered years with the Mother;
12.That for the purpose of Order11above, the school holiday time shall commence:
12.1.when a parents times falls in the first half of the holidays from after school on the day the school term finishes and concludes at 5.00 p.m. in the day calculated to be half of the holidays;
12.2.when a parent’s time falls in the second half of the holidays, from 5.00 p.m. on the day calculated to represent half of the holidays when time shall end at 9.00 a.m. on the day that the school term commences
12.3.school holidays shall be deemed to commence at close of school on the day the school term finishes and conclude at 9:00 a.m. on the day the children return to school and the number of nights in each school holiday periods is to be used to calculate one-half of the school holiday period and if there is an uneven number of nights, the Father shall retain the additional night;
13.That the children spend time with their parents on special occasions as follows;
13.1.for Christmas Day;
13.1.1.from 5:00 p.m. Christmas Eve until 2:00 p.m. Christmas Day in even years with their Father and in odd numbered years with their Mother; and
13.1.2.from 2:00 p.m. Christmas Day until 5:00 p.m. Boxing Day in odd numbered years with their Father and in even numbered years with their Mother;
13.2.on the birthday of each child (with the parent they are not living with on the day);
13.2.1.if a school day, from after school until 6:00 p.m.;
13.2.2.if a non-school day, from 1:00 p.m. until 6:00 p.m.;
13.2.3.with that parent to be responsible for the collection and return of the children;
13.3.with their father on Father’s Day (if a non-contact weekend) from 9:00 a.m. until 5:00 p.m. with the Father to be responsible to collect and return the children;
13.4.with their mother on Mother’s Day (if a non-contact weekend) from 9:00 a.m. until 5:00 p.m. with the Mother to be responsible to collect and return the children.
14.That should the parent who has the children in their care not be able to care for and supervise a child or children for a period of longer than eight (8) hours then the other parent be given the first opportunity to care for and supervise the children during that time.
Communication with the Child
15.Both parents will facilitate the children telephoning each of their parents at all reasonable times requested by a child but otherwise between insert times on insert days and in relation to such communication each parent shall;
15.1.ensure the children are available to receive the telephone call;
15.2.arrange for the children to telephone the other parent on the following night if, for any unforeseen circumstances, the children miss the telephone call from that parent;
15.3.ensure that the children have privacy during the conversation.
Collection and Return
16.That except as otherwise ordered, the Mother and the Father shall collect the children from and return them to school during times that they have the children.
17.That if the children are not attending school;
17.1.the children shall be collected by the Father or his nominee from the Mother or her nominee at the Mother’s usual residential address at the commencement of his time with the children;
17.2.the children shall be collected by the Mother or her nomine from the Father or his nominee at the Father’s usual residential address at the conclusion of his time with the children.
18.That each parent shall deliver and return the children’s clothing, school supplies and belongings and the children’s clothing shall be returned in a clean condition.
Communication Book
19.In accordance with the above clauses, the parties agree to utilise a “communication book” which will travel with the child between households. The book shall be placed inside a sealed envelope and either placed inside one of the child bags for the collection by the other parent or their nominee at changeover. The book shall include;
19.1.start and finishing time and locations of any special requirements of any extra-curricular activity that the child is scheduled to attend during a relevant period;
19.2.any special medication the child requires;
19.3.any special homework, assignment or school work the child is required to carry out;
19.4.any other unscheduled or periodic activities or events of which the other parent should be aware; and
19.5.a list of preferred medical practitioners recommended by the child’s medical specialists.
Overseas Travel
20.That the Mother sign a Passport Application for the children, within seven days of the Father’s request that she do so.
21.That within seven days of the passport being issued for the children the mother will initially retain the passport in her safe keeping.
22.That when the children are spending time with a parent during school holidays, that parent shall be at liberty, during their school holiday time, to take the children to insert destination and in relation to same;
22.1.The travelling parent shall provide to the other parent with a copy of their itinerary for the trip including but not limited to departure and return times and dates; a contact telephone number for the travelling parent and the children and the address at which they will be predominantly be based (provided that they will not be required to provide details of every address at which the children will stay) at least 28 days prior to scheduled departure.
22.2.Upon receipt of same the other parent shall forthwith release to the travelling parent the passports for the children.
22.3.The travelling parent shall then provide to the other parent a copy of the return air tickets for the children.
22.4.During the trip the travelling parent shall arrange for the children to telephone the other parent on at least one occasion each week and where possible have the children communicate by email or webcam on at least one other occasion each week.
23.If a passport is released to the Father, he is to hold a child’s passport on his undertaking to use such for the purposes of undertaking holiday travel with the child in accordance with the notice provided to the Mother in accordance with Order 22.1.
24.If a passport is released to the Mother, she is to hold a child’s passport on his undertaking to use such for the purposes of undertaking holiday travel with the child in accordance with the notice provided to the Father in accordance with Order 22.1.
25.If the passport is released to a travelling parent they are to retain the passport in her safe keeping upon their return from the overseas holiday until either;
25.1.the other parent makes a request for overseas holiday travel pursuant to Order 22; or
25.2.that parent makes a fresh request for overseas holiday travel pursuant to Order 22
and shall not use the passport for any other travel purpose without the other parent’s written consent.
26.If either party fails to consent to the release of the passport, the other party is at liberty to file an application in the Family Court seeking the release of the passport.
27.In the event of the Mother refusing to sign the passport application the Registrar of the Federal Magistrates Court at Brisbane shall be authorized to sign the child’s passport application.
Ongoing Review and Dispute Resolution
28.On the occasions stipulated below, the parties will attend at a Commonwealth Family Relationships Centre in Brisbane for the purposes of participating in mediation about the parenting of the children.
29.When the parties attend mediation or dispute resolution as required by paragraph 20:
29.1.they shall attempt in good faith to reach agreement having regard to the best interests of the children with respect to the parenting arrangements for the children and the time that the children spend with each parent.
29.2.any agreement that the parties reach may alter the operation of these orders as they relate to parenting, provided that it is in writing signed by each party, stipulates that it operates to alter these orders and stipulates that it is intended to operate as a parenting plan within the meaning of Division 4 of Part VII of the of the Family Law Act 1975 or any statutory equivalent to that Division.
29.3.if an agreement of the kind mentioned in paragraph 21.2 is not reached, then these orders will continue to operate.
30.The parties will attend mediation:
30.1.at a mutually convenient date on which an appointment for mediation can be arranged at a Commonwealth Family Relationships Centre in Brisbane that is on, or within 30 days after, of each anniversary of this Order unless both parties agree in writing that such mediation is not necessary;
30.2.on any additional occasions that the parties agree in writing; or
30.3.where there parties are unable to resolve a conflict by normal discussion, they both agree to use the following conflict management step before using other means:
30.3.1.one party can elect to send the other a short written note which states “I believe that we have unresolved conflict over.....Pursuant to our existing parenting orders I request that you return this letter, signed and dated within 7 days. I will then arrange for us to meet with a mediator or a counsellor at a mutually convenient time within the following 14 days with a view to defining the perceived problems and considering a range of possible solutions.”
30.3.2.if the other party does not return the signed and dated letter, either party is free to consider what other avenues are available to address the conflict.
30.4.The parties shall pay such mediation fees as are required of each of them by the Family Relationships Centre at which they attend mediation, but will otherwise bear their own expenses with respect to mediation.
31.Before an Application is made to a Court for a variation of these Orders to be taken into account the changing needs and/or circumstances of the children or the parties, each party is to take the steps referred to in paragraph 21 and 22.