Munayallan and Scott (No 2)

This matter concerned orders made by Berman J regarding the parental responsibility and time arrangements for two children, C and D. The dispute involved the parents' differing views on how the children should be raised and the practical arrangements for their care and contact with each parent.

The court was required to determine the specific terms of shared parental responsibility, including the allocation of decision-making authority for the children's health and education. Further issues included establishing the primary residence of the children, the quantum and timing of the children's time with each parent, and provisions for holidays, including overseas travel. The court also had to address communication protocols between the parties, the management of the children's passports, and the prevention of denigration of either parent in the children's presence.

Berman J ordered that the parties share parental responsibility for the children, with the wife having sole responsibility for their health and education, subject to a requirement to endeavour to agree with the husband on these matters and to make decisions if agreement could not be reached. The children were ordered to live with the wife, with specific provisions for their time with the husband, including alternate weekends, half of school holidays, and specific arrangements for Christmas holidays. The orders also detailed arrangements for Mother's Day, Father's Day, and the children's birthdays, and set out conditions for overseas travel, including notice periods and the provision of itineraries. The wife was ordered to inform the husband of the children's health professionals and to authorise schools to provide information to him. Crucially, the court ordered that neither party denigrate the other in the children's presence and established communication protocols. The husband was ordered to deliver up the children's passports to the wife, who would retain them, with provisions for their release to the husband for overseas travel, and the parties were restrained from using the children's Country X passports for travel.