Farnham and DeLuca

This matter concerned orders made by Le Poer Trench J regarding the parental responsibility and time spent with two children, X and C. The dispute centred on the arrangements for the children's living arrangements, time with each parent, communication, and the provision of information concerning their health and education.

The court was required to determine the specific orders concerning parental responsibility, including who would have sole responsibility for long-term welfare decisions. It also needed to establish detailed arrangements for when the children would live with each parent, including specific schedules for spending time with the father, and provisions for communication between the parents and with the children. Further issues included the exchange of health and educational information, contact details, and restrictions on the removal of the children from Australia.

Le Poer Trench J made orders discharging all prior orders. The mother was granted sole parental responsibility for the children, with specific provisions requiring her to notify the father of proposed long-term welfare decisions and to consider his views before making a final decision. The children were ordered to live with the mother, and detailed schedules were set out for the children to spend time with the father, including provisions for school holidays and specific days such as Father's Day and Christmas. The orders also stipulated communication protocols between the parents and with the children, including requirements for notification of medical and educational information, and restrictions on denigrating the other parent in the children's presence. The children were to be known by the surname DeLuca-Farnham, and orders were made to prevent their removal from Australia, with their names to be placed on the Airport Watch List.