SAMSA & DOBRA

This matter concerned an application before Henderson J concerning the parenting arrangements for two children, X and Y. The applicant mother, Ms Samsa, sought orders for sole parental responsibility, that the children live with her, and for permission to relocate the children from Australia to Country A. The respondent father, Mr Dobra, was involved in the proceedings.

The court was required to determine the primary issues of sole parental responsibility, the children's residence, and whether to permit the relocation of the children to Country A. Ancillary to these, the court also considered the specific communication and contact arrangements between the parents, including provisions for the father's contact with the children both in Australia and Country A, and the issuance of travel documents.

Henderson J ordered that the mother have sole parental responsibility for the children and that they live with her. Crucially, the court permitted the mother to relocate the children to Country A. The orders detailed extensive provisions for communication between the parents, including requirements for informing each other of school and medical information, and for facilitating regular communication between the father and the children via telephone, email, or Skype. Specific arrangements were also made for the father's time with the children should he travel to Country A, and for the children's time with the father should they travel to Australia with the mother. Injunctions were imposed restraining either parent from speaking derogatorily about the other to the children or in their hearing. The court also made specific orders regarding the return of the children's passports and the mother's ability to obtain new travel documents for X if necessary, noting that for the purposes of the Australian Passport Act 2005, the father had ceased to have parental responsibility for the children.