Hertwig and Hertwig (No. 3)

In the matter of *Hertwig and Hertwig (No. 3)*, Forrest J of the Federal Circuit Court of Australia considered an application to amend a previous order concerning the parenting arrangements for the parties' children. The dispute centred on the interpretation and practical implementation of the existing parenting orders, specifically regarding the duration of time the children were to spend with their father.

The primary legal issue before the Court was to clarify the intended meaning of the existing parenting orders, which had led to uncertainty and disagreement between the parties regarding the children's time with the father. The Court was required to determine whether the previous order, made on 9 November 2018, accurately reflected the parties' intentions and the Court's original decision concerning the children's living arrangements.

Forrest J reasoned that the existing order, as it stood, was ambiguous and had resulted in a practical outcome that did not align with what was likely intended. To resolve this ambiguity and ensure clarity, the Court amended the previous order. The amendment explicitly stipulated that the children were to spend two blocks of 21 days with their father before returning to their mother's care for a period of one week, after which the "week about" regime would recommence. This clarification aimed to provide a definitive and practical schedule for the children's time with each parent.

The Court ordered that the Order made on 9 November 2018 be amended by inserting the clarifying provision after paragraph 9(1)(ii), with the understanding that the final form of the order would be subject to its entry into the Court's records.