KERSON & BLAKE

This matter concerned orders made by Baumann J regarding the living arrangements and time spent with the children, B and C, between their parents. The dispute centred on the practical arrangements for the children's care, including travel between Australia and the United States, parental responsibility, communication, and the exchange of information. The court was required to make interim orders to govern these arrangements until a final hearing could be held.

The court was tasked with determining the specific terms of interim orders concerning the children's residence, time with each parent, and the responsibilities of each parent in facilitating this time. Key issues included the allocation of travel costs, the process for arranging international travel, the nature of parental responsibility, and the methods of communication and information exchange between the parents. The court also needed to address the practicalities of ensuring the children's welfare during these arrangements, including medical information and educational facility notifications.

In its reasoning, the court established that the children would live with the father until the final hearing. It then detailed a comprehensive set of orders governing the children's time with the mother in the USA, including specific responsibilities for travel costs and arrangements, and the process for booking flights. The court affirmed equal shared parental responsibility, mandating direct communication between parents on major long-term issues, with provisions for nominated agents in emergencies. Further orders addressed the facilitation of parent-child communication, travel permissions, passport management, and the exchange of essential information regarding the children's health, education, and any changes in parental circumstances. The court also imposed restraints on the parents, prohibiting disparaging remarks about each other and limiting communication to that necessary for implementing the orders, while also regulating dietary or supplement regimes. Finally, the court set directions for the filing of evidence and scheduled a case management hearing to address further procedural matters.