HIRST & HEARNS

The case of Hirst & Hearns involved parenting orders made by Cronin J in the Federal Circuit and Family Court of Australia. The dispute concerned the arrangements for two children, B and C, born in 2005 and 2008 respectively.

The court was required to determine the terms of parenting orders, including the allocation of parental responsibility for major long-term decisions, the living arrangements for the children, the time the children would spend with each parent, and communication protocols. Additionally, the court addressed specific entitlements and restrictions for each parent, as well as the discharge of the Independent Children's Lawyer.

Cronin J made orders discharging all previous parenting orders. The mother was granted sole parental responsibility for major long-term decisions, with an obligation to advise the father of such decisions. The children were ordered to live with the mother from the conclusion of the school holidays at the end of term 1 in 2015. Specific time arrangements were detailed for the father, including every third weekend during school terms, specific periods during school holidays, and alternating long summer holidays. Communication by telephone on Tuesdays and Thursdays was also mandated. The court also included provisions for the father's involvement in educational matters, requiring him to be kept informed and listed as a parent and emergency contact, with the school principal retaining prerogative over implementation. Further orders included injunctions restraining denigration of the other parent, discussion of proceedings with the children, physical discipline, use of illegal substances, excessive alcohol consumption when caring for the children, and unsafe car travel.

The court ordered the discharge of the Independent Children's Lawyer and dismissed all outstanding applications, save for issues of costs. The orders also incorporated a Fact Sheet detailing the obligations, consequences of contravention, and sources of assistance for compliance, pursuant to sections 65DA(2) and 62B of the relevant legislation.