Fournier and Noelle

This matter concerned an application before Bennett J in the Family Court of Australia, brought by the father, Fournier, and the mother, Noelle. The dispute centred on the living arrangements and time spent with the parties' two children, S and T. The court was required to make orders regarding the children's residence, parental responsibility, and the specific terms of communication and time spent between the children and each parent.

The court was tasked with determining the primary residence of the children, the allocation of parental responsibility for key decisions concerning their upbringing, and the detailed schedule for the children to communicate with and spend time with the mother. Additionally, the court needed to address the financial responsibilities for the children's travel between parents, the procedures for changeovers, and provisions for information sharing regarding the children's health and education. The court also considered orders to restrain certain behaviours by the mother and to ensure the children's return to Australia.

Bennett J ordered that the children live with the father, granting him sole parental responsibility for their education and training. The court then set out a comprehensive schedule for the children to communicate with and spend time with the mother, including specific periods during school holidays and weekends, with detailed provisions for travel costs and changeovers. The orders also included restraints on the mother discussing the proceedings with the children and on her mobile phone contact, as well as prohibitions on removing the children from Australia. A recovery order was issued, to be stayed pending notification from the independent children's lawyer. The court also made orders regarding the discharge of the independent children's lawyer, the provision of information to the mother, and the supervision of compliance with the parenting orders by a family consultant for a period of two years.