Bircher and Bircher

This matter concerned an application before Forrest J in the Family Court of Australia, brought by the mother, Ms Bircher, and the father, Mr Bircher. The dispute involved the variation of existing parenting orders concerning their three children, B, C, and D. The court also made orders regarding the costs of the Independent Children's Lawyer (ICL) for a contravention hearing.

The primary legal issues before the court were how to define the commencement and conclusion of school holidays for the purpose of changeovers, and whether the father should be authorised to obtain Australian passports for the children without the mother's consent. Additionally, the court considered the necessity for the father to undertake a Parenting Orders Program.

Forrest J reasoned that school holidays should be defined by the formal conclusion and commencement of school terms to provide clarity. The court also determined that the father should be authorised to apply for passports for the children, notwithstanding the conferral of equal shared parental responsibility, to facilitate international travel. Furthermore, the court ordered the father to enrol in and complete a Parenting Orders Program, with provisions for notification and further consideration should he not be accepted. The court also ordered each parent to contribute to the ICL's costs for the contravention hearing.