HERMAN & DENNIS

In the matter of Herman and Dennis, the Family Court addressed an interim parenting application concerning the care and custody of two children, X and Y. The mother applied for orders that the children reside with her and for specified visitation times with the father, who currently has the children spending time with him. The final hearing of the parenting application was scheduled for 18 to 20 July 2012. The court had to determine the living arrangements and visitation schedules for the children, as well as the schools they should attend, considering the best interests of the children.

The legal issues that the court had to resolve included whether the children should primarily live with the mother, the frequency and duration of their visitation with the mother, and the educational settings that would be in the children's best interests. The court also had to consider the implications of the children's school enrollments on their living arrangements and the overall welfare of the children.

In its decision, the court discharged certain prior orders and established new interim parenting orders. The children were to live with the father, but the mother was granted specific visitation times, including during school holidays and on special occasions. The court mandated the location for the handover of the children during the visitation periods, ensuring a consistent and supervised transition. Both parents were allowed to take the children out of New South Wales for holidays, with required advance notice to the other party. The court prohibited unsupervised time for the children and physical discipline. Regarding education, one child was to attend a specific high school, while the other was to continue at her current primary school. The court also required the parents to arrange counselling for the children and to file further affidavits by a specified date.

The final orders of the court included detailed arrangements for the children's living situation, visitation, communication between the children and their parents, travel plans, educational settings, and the prohibition of unsupervised time and physical discipline. Both parents were mandated to file and serve further affidavits by 29 June 2012.