FADDEN & JANCO

In this matter before Judge C. E. Kirton QC, the dispute concerned parenting orders for two children, X and Y. The applicant father, Mr Fadden, sought sole parental responsibility and the ability to obtain Australian passports for the children without the mother, Ms Janco's, consent, and for the children to travel internationally. The previous parenting orders were discharged.

The court was required to determine whether the father ought to be granted sole parental responsibility for the children, and whether he should be permitted to obtain Australian passports for them without the mother's consent, allowing for international travel. Additionally, the court considered the living arrangements and the time the children would spend with the mother, as well as various restraints on the parents' conduct and communication regarding the children and the proceedings.

The court found that the father should have sole parental responsibility, with provisions for him to keep the mother informed of and seek her input on significant long-term decisions. The children were ordered to live with the father and spend time with and communicate with the mother as agreed. The court imposed specific restraints on the mother regarding alcohol and drug use when the children are in her care, and concerning the presence of a Ms A. Both parents were restrained from denigrating the other parent or discussing the proceedings in the children's presence. The court also made orders regarding the children's medical care, education, and extracurricular activities, and crucially, permitted the father to apply for Australian passports for the children and for them to travel internationally without the mother's consent, finding it impracticable to obtain her consent. The court's reasoning was influenced by the mother's inconsistent evidence regarding a relationship with Mr T, which affected her credit, and her failure to comply with previous orders for parenting programs. The court accepted the father's evidence, corroborated by a child inclusive memorandum and a family report, which indicated the father had stepped up to provide primary care when the mother's care had broken down.

Consequently, the court ordered that the father have sole parental responsibility, with specific communication protocols for long-term decisions. The children were to live with the father and spend time with the mother as agreed. The mother was subject to specific restraints concerning alcohol, drugs, and the presence of Ms A. The father was permitted to apply for Australian passports for the children and for them to travel internationally without the mother's consent. All extant applications were dismissed, and the appointment of an Independent Children's Lawyer was discharged.