Simons & Anor and Simons & Ors

In the matter of Simons & Anor and Simons & Ors, Cronin J of the Federal Circuit Court of Australia made orders concerning the living arrangements and parental responsibility for two children, D and B. The dispute involved the husband and wife, with the court also making orders restraining the wife, maternal grandparents, maternal aunt, and another child, MS M SIMONS, from attending the children's schools or extra-curricular activities without the husband's written permission, and from spending time with or communicating with the children without the husband's written consent.

The court was required to determine the primary issue of where the children, D and B, should live and who should have parental responsibility for them. Additionally, the court considered the husband's application for leave to remove the children from Australia and to renew their passports without the wife's consent. The court also addressed the need for injunctions to restrain certain family members from interfering with the children's lives.

Cronin J ordered that the children D and B live with the husband and that the husband have sole parental responsibility. The court granted the husband leave to remove the children from the Commonwealth of Australia for international travel without consultation or notice to the wife, and to apply for passport renewal without the wife's consent. The court applied principles relating to the best interests of the children in determining their living arrangements and parental responsibility, and considered the need for orders to protect the children from interference. The court also made provisions for the determination of costs and included a fact sheet detailing the obligations and consequences of contravening the orders, pursuant to sections 65DA(2) and 62B of the relevant legislation.