Artur and Mercasa (No. 2)

This matter concerned the children of the marriage, E and S, and came before Jordan J. The dispute involved the arrangements for the children following the separation of their parents, Artur and Mercasa.

The court was required to determine the parenting arrangements for E and S, including the extent of shared responsibility, the specific times the children would spend with each parent, and provisions for communication between the children and the non-resident parent. Further issues included the management of the children's passports, restrictions on international travel, and the conduct of the parents in relation to the children and court proceedings. The court also considered the need for counselling for the children and the dissemination of the court's orders to relevant parties and institutions.

Jordan J ordered the discharge of all extant children's orders and established equal shared responsibility for the children. The court detailed a week-about arrangement for the children to live with each parent, commencing on a Friday after school. Specific provisions were made for school holidays, Mother's Day, and Father's Day. The orders also mandated regular telephone contact between the children and the non-resident parent, and required both parents to keep each other informed of their residential and contact details. Significant restrictions were placed on both parents, including prohibitions against discussing court proceedings with the children, denigrating the other parent, and removing the children from a specified radius. Additional restraints were imposed on the Mother regarding medical treatment and school enrolments without the Father's approval. The court also ordered the deposit of the children's passports with the Registry Manager, with strict conditions for their release, and prohibited their removal from Australia. The Australian Federal Police were authorised to give effect to these orders and to maintain the children's names on the Airport Watch list. The Mother was further restrained from renewing or obtaining additional passports for the children. The court also made provisions for communication books, shared expenses for counselling, and arrangements for the children's care in the event of a parent's inability to do so. All previous orders were discharged, and all extant matters were dismissed.