Kaur & Kaur

In Kaur & Kaur, the parties, the mother and father, brought their dispute concerning the children of the marriage before Judge Brown. The proceedings involved applications relating to the children's living arrangements, time spent with each parent, and the father's interim application to travel overseas with the children.

The court was required to determine several key issues, including the nature of parental responsibilities, the children's residence, the specific arrangements for the children to spend time with each parent during school terms and holidays, and the continuation of existing orders regarding the children's travel and the parties' conduct. The court also had to consider the father's application for permission to travel overseas with the children.

Judge Brown made orders establishing equal shared parental responsibility for the children, with the children to live with the mother. Specific, detailed arrangements were set out for the children to spend time with the father, including during school terms and the end-of-year holidays. Existing orders placing the children on an Airport Watch List and restraining their removal from Australia were continued. Crucially, injunctions were issued restraining both parents from denigrating the other in the presence or hearing of the children, or discussing the proceedings with them. The court also made orders ensuring ongoing communication and information sharing between the parents regarding the children's health and education, and confirmed that the issue of overseas travel for the children would remain a live issue at trial, dismissing the father's interim application for overseas travel.