Fowler and Brume

Coleman J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for a child, J, born in April 2001. The dispute involved the mother and father regarding these arrangements, particularly in the context of potential international travel by the mother with the child.

The court was required to determine the nature of parental responsibility, the primary residence of the child, and the specific times the child would spend with each parent. Furthermore, the court had to consider and make provision for the circumstances under which the mother might remove the child from Australia, including conditions for the child's return and the registration of court orders in a foreign jurisdiction. The court also addressed communication arrangements between the child and the absent parent, and the establishment of a shared online platform for the father's extended family.

In its reasoning, the court ordered equal shared parental responsibility for J. The child was to live with the mother while she remained in Australia, with specific, detailed arrangements for the child's time with the father. Crucially, the court permitted the mother to remove J from Australia under strict conditions, including a return date of 30 June 2011 and the prior registration of the Australian court orders in the Netherlands. The orders also mandated regular communication between J and the father, including webcam and email contact, and required the mother to maintain a blog accessible to the father's extended family, detailing weekly events and achievements.