Dean and Dean and Anor

This matter concerned parenting orders for two children, X and Y, born in 2006 and 2009 respectively. The dispute involved the father, Mr Dean, and the mother, Ms Dean. The proceedings were before Judge Curtain.

The court was required to determine the parenting arrangements for X and Y, including issues of parental responsibility, living arrangements, and time spent with each parent. Additionally, the court needed to address communication protocols between the parents and the children, travel arrangements, and the provision of information to relevant professionals and authorities. The court also considered orders relating to the children's passports and their removal from Australia, as well as injunctions to prevent parental denigration and family violence.

The court made orders by consent regarding a third child, Z, born in 2001, who was to live with the mother with sole parental responsibility. For X and Y, the court discharged all prior parenting orders and established equal shared parental responsibility. The children were ordered to live with the father, with specific provisions for the mother to spend time with and communicate with them, including during school terms and holidays, and via electronic means. Detailed arrangements were set out for the calculation of holiday time and travel, including the purchase of flight tickets. The court also made orders for the children to communicate with the father when not in his care.

Further orders included injunctions restraining the parents from denigrating each other in the children's presence, discussing proceedings with the children, or exposing them to family violence or physical punishment. The parents were to inform each other of serious illness or injury to the children and were granted liberty to attend school events, obtain school reports, and liaise with educational and healthcare providers. The court also ordered the parents to attend psychological counselling and to provide copies of relevant documents, including affidavits and the court orders, to their treating professionals and relevant authorities. Crucially, the court made orders restraining the children from leaving the Commonwealth of Australia and requested the Australian Federal Police to place their names on the Airport Watch List for two years, with their passports to be held by the court.