Horton and Horton (No. 3)

In *Horton and Horton (No. 3)*, Cronin J of the Family Court of Australia considered orders relating to a child, M, born in November 1995, following previous orders made by Bennett J. The dispute concerned the living arrangements and decision-making responsibilities for M, as well as communication protocols between the parents and concerning M.

The court was required to determine the appropriate living arrangements for M, who would be residing with the husband, and to allocate sole responsibility for major long-term and day-to-day decisions regarding M to the husband. Further issues included the nature of communication between the parents, particularly in the presence of M, and the mechanisms for facilitating communication between M and the wife, including the exchange of cards, letters, and gifts. The court also had to address the husband's travel overseas and the wife's potential opposition to such travel, as well as the monitoring of the orders by the Director-General of the Department of Community Services (NSW).

Cronin J ordered that the previous orders of Bennett J be discharged. M was to live with the husband, who was granted sole responsibility for all major long-term and day-to-day decisions concerning M. The husband was restrained from denigrating the wife in M's presence. All future communication between the parents was to be conducted through the wife's case guardian, with specific reporting obligations placed on the husband regarding M's health and schooling to the guardian, who would then relay information to the wife. The husband was to facilitate communication between the wife and M via cards, letters, and gifts. Provisions were made for the husband to provide notice to the wife of any intended overseas travel, with a process for the wife to raise objections. The Director-General of the Department of Community Services (NSW) was to monitor the orders until June 1, 2008, with liberty to apply. The Independent Children's Lawyer was discharged as of June 1, 2008, and M's passport was to be returned to the husband. The wife reserved her position regarding future face-to-face contact with M.