Pitken & Hendry

This matter concerned an application by the Mother for the children of the marriage, A and L, to live with her in the United States of America. The application was heard by Murphy J.

The primary legal issue before the court was whether the children should live with the Mother in the United States. The court was also required to determine the nature of parental responsibility and the arrangements for the children's time with each parent and their communication.

Murphy J dismissed the Mother's application for the children to live in the United States. The court ordered that the parties have equal shared parental responsibility for major long-term issues concerning the children, and that each parent has responsibility for decisions made during their care for non-major long-term issues. The children were ordered to live with the Mother, with specific provisions for the children to spend time with the Father, including alternate weeks, half of school holidays, and specific arrangements for Christmas. The court also made orders regarding communication between the children and each parent, and further provisions for face-to-face time on birthdays and during Christmas. Additionally, the court ordered that each party must facilitate communication with health professionals and educational institutions, inform the other parent of the children's activities, and notify them of any medical emergencies or significant welfare issues.