SIMONS & SIMONS

In the matter of *Simons & Simons*, the husband sought sole parental responsibility for the parties' two children and orders that they live with him, while the wife, who was incarcerated, sought an adjournment of property proceedings. The case was heard by Cronin J in the Family Court of Australia.

The primary legal issues before the court were whether the husband had satisfied the requirements of Part VII of the *Family Law Act 1975* (Cth) to be granted sole parental responsibility and orders for the children to live with him, and whether the wife's request for an adjournment of the property proceedings should be granted. The court also considered the wife's request for leave to travel internationally with the children.

Cronin J reasoned that the husband had met the criteria under Part VII of the Act, particularly given the wife's long-term imprisonment and her lack of application for parenting orders. The court found it was in the children's best interests to live with the husband and for him to have sole parental responsibility. The wife's request for an adjournment of the property proceedings was granted for a short period to allow her legal representative to ascertain if there were any litigable issues. The court also granted the husband leave to travel internationally with the children without consultation or notice to the wife.

The court ordered that the husband have sole parental responsibility for the children and that they live with him. The children were granted leave to travel internationally with the husband. The property proceedings were adjourned for mention, with the wife to attend by video link. The parenting orders sought in the husband's amended response were otherwise dismissed. The court also directed that particulars of the obligations and consequences of the orders be set out in an attached Fact Sheet.