HERBERT & HERBERT

In *Herbert & Herbert*, the parties were before Forrest J in the Family Court of Australia concerning interim parenting and property matters. The dispute involved allegations of contravention of existing interim orders by both the mother and the father. The mother was alleged to have contravened orders regarding weekend and holiday time with the children, while the father was alleged to have contravened orders concerning discussions of adult issues with the children and the disclosure of documents.

The court was required to determine whether the alleged contraventions by each party had occurred without reasonable excuse. In relation to parenting, the court also had to consider the mother's application for orders that the children spend no time with the father, and the father's application for orders that the children live with him and spend supervised time with the mother. Furthermore, the court was tasked with addressing the wife's request for further disclosure in the property proceedings.

Forrest J found that the mother had contravened the interim parenting orders without reasonable excuse by failing to provide the children with weekend and holiday time with the father. The court also found that the father had contravened the interim parenting orders without reasonable excuse by discussing adult issues with the children and by failing to disclose documents. In light of these findings and the overall circumstances, the court made interim orders that the children live with the father and have no time or communication with the mother until further order. The father was also granted sole parental responsibility for the children until further order. Directions were also made regarding disclosure in the property proceedings, subject to subpoenas.