MERRELL & MERRELL (No.2)

The parties, the applicant father and the respondent mother, presented a dispute concerning parenting orders and property adjustment. The court was asked to determine whether existing consent parenting orders were unworkable, particularly in light of the respondent mother's unilateral relocation with the children. Additionally, the respondent sought to pursue an application for an adjustment of property interests despite the applicant's bankruptcy, and also sought to travel overseas with the children.

The court was required to consider the necessity for greater precision in parenting orders than was provided by the parties' initial consent minute, given the alleged unworkability of those orders and the significant change in circumstances arising from the relocation. Furthermore, the court had to assess the respondent's application for overseas travel, including the scope of the proposed travel and the provision of security. The court also had to address the respondent's property adjustment claim in the context of the applicant's bankruptcy.

In its reasoning, the court found that the parties' consent parenting orders were indeed unworkable and that the respondent's relocation constituted a significant change in circumstances. Consequently, the court discharged the previous orders and made new parenting orders, including provisions for equal shared parental responsibility, the children living with the respondent, and detailed arrangements for the children's time and communication with the applicant. The court also imposed specific restraints on both parties regarding the exposure of children to adult-rated content and the use of filming devices. The respondent's application for overseas travel was refused due to a lack of precision regarding the scope of travel and security arrangements. The court also ordered the respondent to deliver the children's passports to the Registrar. Regarding property, the court set the matter down for a final hearing but directed the respondent to file a Further Amended Response detailing the precise relief sought by a specified date, with a consequence of vacating the hearing date in default.