Saunders and Saunders

The case of *Saunders and Saunders* concerned parenting orders made by Justice Mullane on 13 September 2004, which were subsequently discharged by Justice Ryan. The dispute involved the father's communication and time with his children, J and K, and the mother's ability to remove the children from Australia.

The court was required to determine the extent to which the father's contact with the children should be limited, including the nature and timing of any visits and communication. Additionally, the court had to consider the mother's ability to obtain Australian passports for the children and to remove them from the Commonwealth of Australia, including provisions for their residence outside Australia during school holidays and school terms.

Justice Ryan's reasoning led to significant restrictions on the father's contact, limiting it to a single visit at a contact centre within a specified period, and requiring all gifts and letters to be transmitted through the Independent Children's Lawyer. Communication initiated by the children was permitted, with the mother restrained from interfering. The court also issued a certificate under s 128 of the *Evidence Act 1995* (Cth) to the mother regarding the removal of the children from Australia. The mother was granted leave to apply for passports and permission to remove the children from Australia during school holidays, provided return tickets were secured. Further, the mother was permitted to allow the children to reside outside Australia during school terms under specific conditions, such as completion of secondary education or participation in school trips, with a general restraint on other out-of-country residence. All outstanding parenting applications were dismissed.