Mankus and Matulis

This matter concerned orders made by Hannam J regarding the time spent by the father with his three children, B, C, and D, and related parental responsibilities. The dispute centred on the practical arrangements for the father's contact with the children, who reside in Australia, and the conditions attached to that contact.

The court was required to determine the specific periods the father would spend with the children, including during school holidays, and to establish a framework for communication and information sharing between the parents. Key issues included the duration and timing of the father's time with the children, the conditions under which this time would occur, and provisions for the children's welfare, such as their placement on the Airport Watch List and the surrender of passports. The court also addressed the parents' obligations regarding denigration, the children's cultural activities, and access to educational and medical information.

Hannam J's reasoning focused on establishing a workable and child-focused schedule for the father's time with the children, balancing the father's right to spend time with them against the need for stability and the children's safety. The orders stipulated specific holiday periods, including mid-year and Christmas holidays, with provisions for alternate arrangements if the primary schedule was not met. Conditions were imposed to ensure the children's security, such as the father surrendering his passports and the children remaining on the Airport Watch List. The court also mandated regular communication between the father and children, and established clear protocols for information exchange regarding the children's schooling and medical care, including direct correspondence rights for the father with schools and medical practitioners. Furthermore, restrictions were placed on the mother's ability to relocate the children's residence, and both parents were ordered to refrain from denigrating each other.