HERBERT & HERBERT

In the matter of *Herbert & Herbert*, Hogan J of the Family Court of Australia made orders concerning the parenting arrangements for the children B, C, and D. The dispute involved the parents' ability to comply with court orders regarding the children's time with each parent, and the court's assessment of the mother's past non-compliance with previous orders. The court also considered expert evidence regarding the importance of the children remaining together as a sibling group.

The primary legal issues before the court were to determine the living arrangements for the children, the allocation of parental responsibility for long-term decisions, and the specific time and communication arrangements between the children and each parent. The court was required to consider the children's welfare, particularly in light of their exposure to significant parental dispute and the need to maintain their sibling relationship. The court also had to address the mother's history of non-compliance with court orders and the father's likely response to any future non-compliance.

Hogan J's reasoning was heavily influenced by the mother's consistent failure to comply with court orders in the past, including orders for the children's return to Queensland and for them to spend time with their father. The court found that it had no confidence in the mother's consistent compliance with future obligations. Expert evidence from Dr L, a child psychiatrist, was accepted, highlighting the protective factor of the children remaining together as a sibling group and living in one residence, which was deemed achievable only in the father's household given one child's opposition to spending time with the mother.

By consent and by way of final order, all previous orders and parenting plans were discharged. The children B, C, and D were ordered to live with the father. The father was granted sole parental responsibility for major long-term issues concerning the children's education, religious and cultural upbringing, and health, subject to a requirement to inform and consider the mother's written response to proposed decisions. Specific arrangements were made for the children to spend time with the mother, including telephone and email communication, and provisions were made for the father to obtain passports for the children. The court also issued a Recovery Order for the children C and D, to be held until the mother complied with the orders for their collection by the father. All other outstanding applications were dismissed.