Hyland and Simmonds and Ors

In the matter of Hyland and Simmonds and Ors, Tree J of the Family Court of Australia made orders concerning the parenting of three children, B, C, and D. The dispute involved the father, Mr Mills, and the mother, along with the maternal grandmother. The court was tasked with determining the future living arrangements and parental responsibilities for the children.

The court was required to determine the primary residence of the children, the allocation of parental responsibility for significant long-term issues, and the nature and extent of time the children would spend with each parent and the maternal grandmother. Further issues included the communication protocols between the parties, the financial responsibilities for travel, and the provision of information regarding the children's education and health. The court also considered orders relating to counselling, restraints on behaviour, and the discharge of the Independent Children's Lawyer.

Tree J ordered that all previous parenting orders be discharged. The children were to live with the father, who was granted sole parental responsibility for their education, religious upbringing, health, and decisions regarding changes to living arrangements that significantly impacted their time with either parent. Joint responsibility for the children's cultural education and wellbeing was allocated to the father and the maternal grandmother, with the father retaining the final decision-making power after consultation. The orders detailed specific arrangements for the children to spend time with the mother and maternal grandmother during school holidays and during school terms, including provisions for communication and travel expenses. Restraints were imposed on all parties regarding denigration of each other and substance abuse in the presence of the children, and communication was to be limited to text message or telephone. The Independent Children's Lawyer was discharged, and all extant applications were dismissed.