Jemir and Waters (No 2)

The case of *Jemir and Waters (No 2)* concerned an application by the mother regarding parental responsibility and time arrangements for the child B. The dispute involved the mother's initiating application, which was ultimately dismissed in relation to one child, C, and the court's determination of orders concerning the child B.

The primary legal issues before Berman J were the allocation of equal shared parental responsibility for B, where B should live, and the nature and extent of the father's time with and communication with B. The court was also required to consider the practical arrangements for facilitating this time and communication, including notice periods, travel costs, and the provision of information between the parents. Furthermore, the court addressed the need for an injunction to prevent the father from denigrating the mother in the child's presence and from discussing the proceedings or separation with B.

In its reasoning, the court ordered equal shared parental responsibility for B, with B to live with the mother. The father was granted significant periods of time with B, including up to six weeks during the Australian summer holidays and up to four weeks during the United States' midyear summer holidays, with further time to be agreed. These arrangements were made subject to specific notice requirements for the mother, including a full itinerary of planned flights. The court also established detailed provisions for communication between the father and B, and between the parents regarding B's welfare, including regular updates and the exchange of contact details. The father was made responsible for all costs associated with his time with B, including travel and accommodation. Finally, an injunction was granted restraining the father from denigrating the mother or discussing the proceedings with B.