Nehru and Nehru

In the matter of *Nehru and Nehru*, Johns J of the Federal Circuit and Family Court of Australia considered a dispute concerning parenting orders for two children, X and Y. The proceedings involved applications by the parents regarding the future care and responsibility for the children.

The central legal issues before the court were whether to discharge existing parenting orders and, if so, what new orders should be made regarding the children's living arrangements, parental responsibility, and time spent with each parent. The court was also required to consider the appointment of an Independent Children's Lawyer and the provision of information regarding compliance with any new orders.

Johns J determined that the existing parenting orders should be discharged. The court reasoned that it was in the children's best interests to make new orders granting the father sole parental responsibility and stipulating that the children live with him. The mother was to have the opportunity to spend time and communicate with the children in Australia, subject to agreement between the parents. The court also discharged the appointment of the Independent Children’s Lawyer.

The court ordered the discharge of all previous parenting orders and made new orders for the father to have sole parental responsibility and for the children to live with him. The children were to spend time and communicate with the mother in Australia as agreed between the parents. All other applications were dismissed. The court also included a fact sheet detailing the obligations and consequences of contravention of these orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.