Canvil and Merle and Ors

The case involved a dispute between Canvil and Merle concerning parenting orders for their children, L and F. The matter came before Hogan J of the Family Court of Australia.

The court was required to determine the living arrangements for the children, the allocation of parental responsibility for long-term decisions, and the specific time the children would spend with each parent. Additionally, the court needed to address issues of communication between parents, the children's welfare and development, and the process for international travel.

Hogan J discharged all previous parenting orders and made new final orders. The children were ordered to live with the mother, who was granted sole parental responsibility for major long-term issues, with specific procedural requirements for consulting the father before making such decisions. Equal shared parental responsibility was ordered regarding changes to living arrangements that would make it significantly more difficult for the children to spend time with the father. Detailed provisions were made for the children's time with the father, including specific arrangements for school terms, school holidays, birthdays, and Christmas. The court also established protocols for communication between parents and children, information sharing regarding the children's health and education, and procedures for international travel. The Independent Children's Lawyer was discharged, and outstanding parenting applications were dismissed. The parties were given leave to make submissions regarding costs.