Jacks and Sands and Anor

Cleary J made orders concerning the parental responsibility, residence, and time arrangements for three children: X Squires, Y Sands, and Z Squires. The dispute involved the mother and the First Respondent father, with the Second Respondent father also named. The orders addressed long-term and day-to-day parental responsibility, with the mother having sole responsibility for long-term issues and shared sole responsibility for day-to-day issues when the children are in each parent's care.

The court was required to determine the primary residence of the children, the arrangements for their time with each parent, and the communication protocols between the parents. Key issues included the mother's proposed relocation of the children to New Zealand, the process for advising the father of long-term decisions, and the provision of school and medical information. The orders also stipulated the process for registering Australian parenting orders in New Zealand.

Cleary J applied principles of child welfare in making these orders. The mother was granted sole parental responsibility for long-term decisions, with a specific process outlined for her to consult the father before making such decisions. The children were ordered to live with the mother, who was permitted to establish a residence in New Zealand, subject to providing the father with advance notice. Time arrangements were detailed, including periods in Australia and New Zealand, and communication methods such as telephone and video calls were specified. The court also made provisions for the children's passports and immigration status to facilitate their relocation.

The final orders established that the children shall live with the mother, who may relocate them to New Zealand. The father was granted specific periods of time with the children in Australia and New Zealand, and regular communication was mandated. The orders also included provisions for the registration of these orders in New Zealand to ensure their enforceability.