Cowley & Mendoza

This matter concerned parenting orders made by Murphy J concerning the children of the marriage, D and R. The dispute involved arrangements for the children's living arrangements, time spent with each parent, communication, and international travel, particularly concerning the mother's potential residence in Brazil.

The court was required to determine the extent of parental responsibility for major long-term issues and other issues, establish co-parenting arrangements including living arrangements and time spent with each parent, and make orders regarding communication between the children and the parent with whom they were not residing. Further, the court needed to address the mother's ability to travel internationally with the children, including the provision of security and the return of passports, and to make orders preventing the removal of the children from Australia.

Murphy J made orders for equal shared parental responsibility for major long-term issues, with each parent having responsibility for other issues when the children were in their care. The orders detailed specific living arrangements and time spent with each parent, varying depending on whether the mother resided in Australia or Brazil, and included provisions for school holidays and special occasions. Crucially, the court issued injunctions restraining the mother from removing the children from Australia except as provided by the orders, requested the Australian Federal Police place the children's names on an airport watch list, and ordered that the children's passports be held by the father. The mother was permitted to take the children to Brazil for three weeks annually during the Christmas holidays, subject to providing written consent from the father, booking and funding the travel, and paying a security deposit of $20,000. All other outstanding parenting applications were dismissed.