Simmonds and Williamson

The case of Simmonds and Williamson concerned children's orders made by Dessau J. The dispute involved the living arrangements and parental responsibility for two children, M and W, and the time they would spend with their father.

The court was required to determine the specific orders regarding where the children would live, who would have sole parental responsibility, and the detailed schedule for the children's time with their husband, including provisions for school holidays and specific public holidays. The court also had to consider the wishes of the child M and address restrictions on the husband's direct communication with the children regarding certain matters.

Dessau J ordered that all previous children's orders be discharged. The children were to live with the wife and she was to have sole parental responsibility. A detailed schedule for the children's time with the husband was set out, with specific provisions for weekdays, school holidays, and Christmas. The court also made orders restraining the husband from attempting to arrange increased time directly with the children or discussing certain sensitive matters with them outside of therapeutic settings. The court further ordered that the particulars of these obligations and the consequences of contravention be set out in a fact sheet, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*. The wife acknowledged that the children might wish to spend more time with the husband, and in such an event, both parties were to endeavour to respect those wishes and utilise mediation if disputes arose.