HOLINSKI & HOLINSKI

This case concerned parenting orders for two children, L and N, born in 2010 and 2012 respectively. The dispute involved allegations of extremist views, issues relating to religion, physical discipline, health, education, family violence, and overseas travel to the United States. The matter came before Hannam J.

The court was required to determine the best interests of the children, specifically with whom they should live and spend time. Key issues included the allocation of parental responsibility for major long-term decisions and day-to-day matters, arrangements for the children's residence with each parent, and provisions for communication, education, health, and travel. The court also had to address prohibitions against denigration, physical discipline, and the removal of the children from Australia.

Hannam J discharged all prior parenting orders and established equal shared parental responsibility for major long-term issues. For issues not classified as major long-term issues, each parent was granted responsibility when the children were in their care, including permitting attendance at church services associated with the agreed faith. The children were ordered to live with the mother, with specific, detailed arrangements for the children to live with the father on an alternating weekly basis during school terms and for defined periods during school holidays. The orders also included provisions for communication, enrolment in pre-school and school, attendance at school events, and restrictions on extra-curricular activities requiring the other parent's participation. Furthermore, the mother was directed to ensure the children received immunisations and was restrained from certain chiropractic treatments and obtaining Australian or United States passports for the children. Both parents were restrained from denigrating each other or discussing proceedings in the children's presence, and from hitting the children. Pending further order, both parents and their agents were restrained from removing the children from Australia, with a request for the Australian Federal Police to place the children's names on the Airport Watch List. All outstanding applications and cross-applications were dismissed.