Mendel and Mendel

In the matter of Mendel and Mendel, Judge Harman presided over proceedings involving Ms Mendel, Ms M, and Mr Mendel. The dispute concerned parenting orders for two children, [X] and [Y]. The court was presented with terms of settlement agreed upon by Ms Mendel and Ms M, with the Independent Children’s Lawyer also consenting to these terms. Mr Mendel was present and did not object to the orders being made on an undefended basis, thereby preserving his right to make future applications.

The primary legal issues before the court were to determine the final parenting arrangements for the children, including issues of parental responsibility, living arrangements, and contact. The court was also required to consider the father's restrictions regarding contact with the children, the role of the paternal grandmother, and the implications for international travel and passport applications. Furthermore, the court needed to address the conduct of the parties and the paternal grandmother in relation to the children and the father's incarceration.

The court's reasoning was largely guided by the consent orders reached by the parties, as detailed in Exhibit A. These orders established that the mother would have sole parental responsibility and that the children would live with her. Significant restrictions were placed on the father, including a prohibition on approaching the children or their school and all forms of direct or indirect contact. The paternal grandmother was granted specific, supervised time with the children, with stringent injunctions preventing her from facilitating any contact between the children and the father or his romantic partners, or discussing the father's incarceration or court proceedings with the children. The court also made provisions for the mother to obtain passports for the children and to travel internationally with them.

By consent, the court made final orders in accordance with the terms of settlement. These orders included the mother having sole parental responsibility and the children living with her, with significant restrictions on the father's contact. The paternal grandmother was granted limited time with the children, subject to strict conditions. The court also granted leave for the Independent Children’s Lawyer to apply for costs and dismissed the application, noting that the orders were made on an undefended basis without objection from Mr Mendel.