Higginson-Swann and Higginson-Swann

This matter concerned orders relating to the children of the marriage between the parties, the father and the mother. The court was required to determine the living arrangements and parental responsibility for the three children of the marriage.

The central legal issues before the court were the determination of which parent the children should live with, the allocation of parental responsibility, and the arrangements for the children to spend time with the non-resident parent. The court also had to consider provisions for communication between the parents and the consequences of contravening any orders made.

Justice Le Poer Trench ordered that all prior orders concerning the children be discharged. The three children, J (born March 1996), M (born May 1997), and O (born November 1998), were to live with the father. The father was granted sole parental responsibility for the children, with the obligation to consult the mother regarding any long-term decisions concerning their welfare. The mother was ordered to ensure the immediate return of J to the father's care unless the father indicated otherwise in writing. The children were to spend time with the mother at times agreed between the parties, and the mother was prohibited from removing any child from the father's care without his specific agreement. In the event of a dispute regarding the children's time with the mother, the father was to determine the duration and terms. The father was also directed to use his best endeavours to facilitate regular weekend, weekday, and school holiday time with the mother, as well as opportunities for the children to participate in special occasions with her. The father was to ensure the mother received school reports and newsletters and was advised of school events. The parties were recommended to continue attending UNIFAM for guidance, and the orders included details regarding contravention consequences and assistance, pursuant to sections 65DA(2) and 62B of the relevant legislation.