Marte and Moulin

In Marte and Moulin, heard before Moore J, the dispute concerned parenting arrangements for a child born in March 2003. The court was required to determine the future parental responsibility, living arrangements, and time spent between the child and each parent, as well as address concerns regarding international travel.

The court was tasked with determining the extent of equal shared parental responsibility, the primary residence of the child, and a detailed schedule for the child's time with each parent, including provisions for school terms and holidays. Furthermore, the court needed to establish mechanisms for facilitated changeovers between parents, address the prohibition of extracurricular activities during the other parent's time, and implement measures to prevent the child's removal from Australia. This included orders for passport surrender, notification requirements for overseas travel, and restraints on obtaining new travel documents for the child.

Moore J discharged all previous parenting orders and made new orders establishing equal shared parental responsibility, with the child to live with her mother. A comprehensive schedule for the child's time with the father was set out, evolving from pre-school to post-primary school commencement. The court mandated the use of a contact service for changeovers, with costs shared equally, and ordered each parent to facilitate this process. To safeguard against international child abduction, the father was ordered to surrender his passport, and both parents were restrained from obtaining any passport or international travel document for the child. The court also requested the Australian Federal Police to place the child on the Airport Watch List and directed the Independent Children's Lawyer to serve the orders on relevant government departments and foreign embassies to ensure compliance.

The court ordered that all previous parenting orders be discharged. The parents were granted equal shared parental responsibility, with the child to live with her mother. A detailed schedule for the child's time with the father was established, and provisions were made for facilitated changeovers. The father was ordered to surrender his passport, and both parents were restrained from obtaining travel documents for the child, with measures implemented to prevent her removal from Australia. Finally, each parent was ordered to pay a contribution towards the costs of the Independent Children's Lawyer.