PRIOR & PRIOR

This case involved applications by the father concerning property and parenting matters before Bennett J. The property dispute related to the implementation of a final property order concerning a pension fund division to be executed in the United Kingdom. The parenting dispute arose from a contravention application filed by the father, which was subsequently withdrawn, and the parties then addressed the underlying parenting issues through oral applications. The father resided in the USA, while the child, X, lived in Australia with the mother. International travel restrictions due to COVID-19 significantly impacted the father's ability to have face-to-face time with X, and there was a high degree of entrenched parental conflict.

The court was required to determine several legal issues. These included the adjournment of the property issue concerning the UK pension fund, the father's contravention application, and the father's oral applications for varied parenting orders. The oral applications sought to expand electronic communication between the father and X, vary existing parenting orders to accommodate altered contact arrangements during travel restrictions, and seek compensation for lost time once restrictions were lifted. The court also needed to consider the emotional well-being of X, the potential risks posed by COVID-19 restrictions, and the need for an independent children's lawyer and a family consultant assessment.

Bennett J adjourned the property issue concerning the UK pension fund to a date to be fixed, allowing either party to relist the matter with notice and a precise minute of orders sought. The father was granted leave to withdraw his contravention application, with the understanding that it was not determined on its merits and could be used in the parenting proceedings. The court then addressed the parenting issues by granting the father leave to make oral applications. These included orders for X to use WhatsApp for electronic communication, to vary existing parenting orders to expand communication and face-to-face contact during travel restrictions, and for compensation for lost time. The court varied the existing orders to include WhatsApp as a means of electronic communication, with specific provisions for privacy and parental guidance on its use. Additional audio-visual communication times were ordered for X with the father during COVID-19 precautions. The court also ordered the independent representation of X by a lawyer and requested a parent and children's issues assessment by a family consultant, to be conducted electronically. The court further directed the parties to file and serve memoranda of their sought parenting orders and relieved them from compliance with formal application rules upon doing so.