Dennis and Herman (No.2)

Dennis and Herman were parties to a proceeding in the Family Court of Australia, dealing with issues of shared parental responsibility and access arrangements for their two children, [X] and [Y]. The court was required to determine the allocation of shared parental responsibility and the arrangements for the children's time with each parent. The matter was a continuation of previous litigation between the parties, focusing on the best interests of the children.

The primary legal issues before the court were the determination of equal shared parental responsibility between the parties and the establishment of a suitable access arrangement for the children. The court also needed to consider the potential removal of the children from the state of New South Wales, which was a matter of concern due to the implications for the children's welfare and the enforcement of court orders.

In its judgment, the court found that it was in the best interests of the children for both parents to have equal shared parental responsibility. The court recognised the importance of both parents being actively involved in the children's lives. The access arrangement was set from 12:30pm on Sunday, 3 July 2011, with the children spending time with the father until further order. The court also issued an injunction preventing either party from removing the children from New South Wales. The matter was adjourned to allow for further evidence and submissions from both parties.

The court made several orders, including the suspension of previous orders, equal shared parental responsibility for the children, a specified access arrangement, and an injunction against the removal of the children from New South Wales. The parties were required to file affidavits by specified dates, and the application was adjourned for further mention.