Roche & Delmore

In the matter of Roche and Delmore, heard by Young J, the applicant, Mr Roche, sought orders concerning his children, X (born 2005), Y (born 2010), and Z (born 2014), against the first respondent, Mr Delmore, and the second respondent, Mr Timms. The dispute centred on parental responsibility, living arrangements, and communication with the children.

The court was required to determine the appropriate orders regarding the parental responsibility for the children, where they would live, and the extent of their time and communication with their mother, Ms B. Additionally, the court needed to consider orders restraining the first respondent, Mr Delmore, from communicating with or spending time with the child X, and to establish protocols for the applicant to provide information to the mother regarding the children's health, education, and general welfare, including provisions for children aged 16 and over. The court also had to address the children's ability to travel internationally and the provision of their personal details to the mother.

His Honour Young J made orders granting the applicant, Mr Roche, sole parental responsibility for the children. The children were ordered to live with the applicant, with a note that they would soon be relocating to Adelaide. The children were to spend time with and communicate with their mother at times and on terms agreed between the applicant and Ms B. The first respondent, Mr Delmore, was restrained from communicating with or spending time with child X unless instigated by X. The applicant was directed to use his best endeavours to notify the mother of any serious injury or illness affecting the children and to provide her with details of treating professionals. Further orders stipulated that the applicant would provide the mother with copies of health reports, details of serious or chronic medical conditions, prognoses, and treatment, subject to the agreement of children aged 16 or older. The mother was authorised to obtain school reports at her cost, and the applicant was to notify the mother of significant matters affecting the children's education. The applicant was authorised to obtain passports for the children and they were permitted to travel internationally without parental consent. Finally, the applicant was ordered to send specific personal and educational information about the children to the mother regularly. All other extant applications were dismissed.