Kerr and Kennett (No 2)

This matter concerned final orders made by Hogan J in the Family Court of Australia regarding the parental responsibility and residence of two children, X and Y. The dispute involved the mother and father of the children, with the court tasked with determining the arrangements for their upbringing and contact with each parent.

The court was required to determine a range of issues including the allocation of parental responsibility, the children's residence, and arrangements for the father's time with the children, including communication and travel. Specific considerations included the mother's relocation of the children to the United Kingdom, the exchange of information between parents regarding the children's health and education, and the process for resolving future disputes. The court also addressed the conditions under which the father could spend time with the children and the arrangements for their passports.

In its decision, the court ordered that the mother have sole parental responsibility for the children, with specific provisions for the father to be notified of and have his views considered on long-term issues concerning their education and health, except in genuine emergencies. The children were ordered to live with the mother, and she was permitted to relocate them to the United Kingdom. The court then detailed a complex schedule for the children's time with and communication with the father, alternating between Australia and the United Kingdom depending on the year, and outlining specific travel and cost arrangements. Conditions were placed on the father's time with the children, focusing on their safety and well-being. The court also established a mandatory family dispute resolution process for future disagreements.

The final orders discharged all previous orders and parenting plans, dismissed all outstanding applications, and discharged the Independent Children's Lawyer. The orders also included a fact sheet detailing the obligations created by the orders and the consequences of contravention.