PENUZZIO & CHENI

This matter concerned parenting orders for two children, B and C, born in 2002 and 2003 respectively. The dispute was brought before Forrest J in the Federal Circuit and Family Court of Australia. The orders were made by consent between the parties.

The court was required to determine the living arrangements for the children, the allocation of parental responsibility, and the nature and extent of the children's contact with their father. Further issues included the father's ability to send gifts and cards to the children, the mother's liberty to travel overseas with the children, and the role of the Independent Children's Lawyer. The court also considered the implications of contravening the orders and the inclusion of a Fact Sheet detailing these particulars.

Forrest J ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility. The father was granted liberty to telephone the children, with provisions for the father to inform the mother of any changes to his contact details and for the mother to ensure the children were aware of their ability to contact him. The father could send gifts and cards on special occasions, with the mother to facilitate this by providing an address. The mother was permitted to travel overseas with the children to Hague Convention signatory countries without the father's consent, provided she notified him of the travel details, including destination and dates. The Independent Children's Lawyer was discharged after communicating the orders to the children. The court also noted the children's expressed desire for a relationship with their paternal grandmother, with the mother to use her best endeavours to facilitate this.