Samson and Samson

In *Samson and Samson*, the Honourable Justice Mushin of the Family Court of Australia considered parenting orders concerning two children, B and J. The dispute centred on the future living arrangements and parental responsibilities for these children.

The court was required to determine the primary issues of where the children would live, who would have parental responsibility for their care, welfare, and development, and the extent of any contact the children would have with their father. The court also had to consider the appropriate mechanisms for communication and exchange of information between the parents, and the overarching principle of promoting a relationship between the children and the father where it was in their best interests.

Justice Mushin ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility for all long-term and day-to-day decisions concerning them. The father was not to spend time with the children. However, the father was authorised to send cards and/or gifts on a limited number of occasions per year, with the mother having absolute discretion to withhold these if she deemed it in the children's best interests. The mother was also ordered to forward school reports and an annual photograph of each child to the father. Crucially, the mother was directed to do all reasonable things to promote a relationship between the children and the father, including enabling them to spend time and communicate with him if they expressed a wish to do so and she regarded it as being in their best interests. Liberty was reserved to both parties to apply.