SCRITTON & JAVINS

In SCRITTON & JAVINS, the parties, the Father and the Mother, sought orders concerning the living arrangements and parental responsibility for their two children, X and Y. The matter came before Gill J in the Family Court of Australia.

The court was required to determine the orders concerning equal shared parental responsibility, the primary residence of the children, the time the children would spend with the Mother, and the liberty of the Father to relocate with the children to South-East Queensland. Further issues included the ability of the Father to obtain passports for the children, international travel arrangements with the children, and the provision of contact details and residential information. The court also needed to make orders regarding the Mother's ability to communicate with the children and the parties' engagement with an NDIS Plan Manager for therapy for Y.

By consent of the parties, Gill J made orders reflecting their agreement. These included orders for equal shared parental responsibility, that the children live with the Father, and that the children spend time with the Mother as agreed. The Father was granted liberty to relocate with the children to South-East Queensland by July 2020. The Father was also permitted to apply for passports for the children, with the Mother to provide necessary documentation. Specific conditions were imposed on the Father's ability to travel to the United Kingdom with the children annually for up to four weeks, requiring 90 days' notice, provision of accommodation details, and weekly Skype/Facetime contact for the Mother. The Father was also ordered to provide his residential address, phone number, and email address to the Mother and to notify her of any changes within 14 days. The Mother was granted liberty to telephone the children at reasonable times. Finally, the parties were ordered to engage with an NDIS Plan Manager to arrange necessary therapy for Y.