Roland and Henry & Ors

The proceedings concerned parenting orders for five children, L, D, N, B, and W, with Ms Roland as the mother and Mr Henry as the father. The dispute ultimately focused on the living arrangements and parental responsibility for three of the children: N, B, and W. The matter came before Murphy J in the Family Court of Australia.

The court was required to determine the primary issue of where the children N, B, and W should live, and to make orders regarding their parental responsibility and time arrangements with both parents and their aunt and uncle, the Second Respondents. The court also had to consider the discharge of previous parenting orders and the disposition of outstanding applications and exhibits.

Murphy J ordered that all previous parenting orders concerning the five children be discharged. The court then made new orders for the children N, B, and W to live with the Second Respondents, Ms and Mr S. Equal shared parental responsibility was ordered for these children between Ms Roland and the Second Respondents. The mother was to spend time and communicate with the children at reasonable times as agreed with the Second Respondents. The father was permitted to communicate in writing with the children no more than once per month and to send gifts on their birthdays and Christmas. The court also made orders regarding the provision of school information to the parties and the discharge of the Independent Children’s Lawyer. All extant applications were dismissed, and subpoenaed documents and exhibits were to be returned.