BENDON & BENDON

In the matter of Bendon & Bendon, Cronin J of the Family Court of Australia considered disputes between the husband and wife concerning property and parenting arrangements for their children. The wife sought to re-open existing final parenting orders that restricted her time with the children, which the husband resisted, particularly concerning an application for a family report. Concurrently, final property transfer orders remained unsettled.

The court was required to determine several legal issues. These included the finalisation of property transfer orders, specifically concerning real property located in Western Australia. In relation to parenting, the court had to consider the wife's application to re-open extant final orders, the father's opposition to a family report, the father's application for passports for the children, and the father's intention to travel internationally with the children, which the wife opposed. The court also needed to address the wife's application concerning the children's travel and the appropriateness of supervised time arrangements.

Cronin J applied various provisions of the *Family Law Act 1975* (Cth) and the *Australian Passports Act 2005* (Cth). Section 106A of the *Family Law Act* was invoked to authorise a registrar to sign transfer documents for the real property to give effect to prior property orders, ensuring the property was transferred solely to the husband. Regarding the children's passports and international travel, the court made orders pursuant to section 11 of the *Australian Passports Act* and section 65Y(1) of the *Family Law Act*, granting the father sole parental responsibility for passport applications and authorising international travel, subject to specific notification requirements to the mother. The court also made orders pursuant to section 11F of the *Family Law Act* for the father and children to attend upon a family consultant to ascertain the children's views on supervised time arrangements and the potential reconsideration of face-to-face time with the mother.

The court made detailed orders to give effect to its decisions. These included authorising a registrar to sign property transfer documents, permitting the father to obtain passports and travel internationally with the children with specific conditions for notification to the mother, and requiring the father to make up lost time with the children upon their return. The court also dismissed certain applications made by both parties and ordered the mother to file an amended application detailing the specific orders she sought regarding parenting. Furthermore, the court directed that the father, children, and potentially the mother attend a family consultant to assess the children's views on their time with the mother and the appropriateness of existing arrangements.