Fitzroy and Oliversen

This matter concerned an application before Gill J in the Federal Circuit and Family Court of Australia, involving the parents, referred to as the Mother and Father, and their two children, Y and X. The dispute centred on arrangements for the children's living arrangements, time spent with each parent, and related matters, including international travel and communication.

The court was required to determine the orders concerning the children's residence and time with each parent, including specific arrangements for weekdays, weekends, and holidays. Further issues included provisions for communication between the Father and children during overseas travel with the Mother, notification of illness, medical and educational information sharing, and restrictions on denigrating the other parent. The court also had to consider orders relating to international travel restrictions imposed due to COVID-19.

Gill J made orders for equal shared parental responsibility for the children. The children were ordered to live with the Mother and spend time with the Father on alternate weekends, from Wednesday afternoon to Thursday morning each week, with a specific provision for increased time during COVID-19 related school closures. The orders also addressed specific days such as Father's Day and Mother's Day, and suspended the Father's time during school holidays until the middle Saturday of the holiday period. The court also imposed prohibitions on overseas travel for the parties and on allowing individuals arriving from overseas to isolate at the residence with the children, subject to government restrictions. The Mother was permitted to travel overseas with the children, subject to specific notification and passport provision requirements for the Father, and a requirement for the Father to communicate with the children twice weekly. The orders further stipulated that each parent must keep the other informed of the children's health and educational matters, and prohibited denigration of the other parent.