Sewin and Cheals

In this matter before Judge Harman, the applicant, Ms Sewin, and the respondent, Mr Cheals, sought orders concerning their two children, [X] and [Y]. The dispute primarily concerned the living arrangements and time spent with the children, as well as preventing their removal from Australia.

The court was required to determine the primary residence of the children, the schedule for their time with the non-resident parent, and to implement measures to prevent the children from being taken out of the Commonwealth of Australia. Additionally, the court considered the need for supervised changeovers, the involvement of day care centres, and the parties' participation in family counselling.

The court ordered that the children shall live with the mother, with specific provisions for the father to spend time with them each Wednesday and on alternate weekends. To facilitate safe changeovers, the parents were directed to engage a contact service or, failing that, to meet at the Town A Library. Crucially, both parents were restrained from removing the children from Australia, with the Marshal of the Federal Circuit Court and officers of the Australian Federal Police requested to give effect to these orders, including placing the children's names on the Airport Watch List. The court also mandated that both parents attend family counselling, with the counsellor to advise the court if the service is deemed inappropriate or declined. The matter was adjourned for further mention and directions to enable the parties to engage with the orders and prepare for finalisation.