SS and AH

In the matter of SS and AH, Justice Fowler of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for two children, JH and KH. The dispute centred on the long-term and short-term decision-making for the children, where KH would live, and the nature and extent of the mother's future contact with KH and JH.

The court was required to determine the appropriate orders regarding sole parental responsibility for all long-term and short-term decisions concerning JH and KH. Further issues included where KH would live, the terms of the mother's time with KH, and the communication protocols between the mother and the children. The court also considered the mother's ability to send gifts and cards, the father's obligation to facilitate the mother's receipt of school reports and newsletters, and the notification requirements regarding the children's health. Additionally, the court addressed the prohibition of denigration between the parties, restrictions on the mother attending the children's educational or work locations, and the father's ability to travel overseas with the children. Finally, the court considered the process for future applications concerning the children and the explanation of the orders to the children.

Justice Fowler ordered that the father have sole parental responsibility for all short-term and long-term decisions concerning JH and KH. KH was to live with the father, with the mother's time with KH to be mutually agreed upon in writing. The mother was granted liberty to communicate with KH by telephone, mail, SMS, or email, and to respond to such communications, with specific limitations on the number of responses. The mother could send cards and gifts to the children on special occasions, provided they did not denigrate the father or the children, and the father was to ensure the children received these unless they contained denigrating material. The father was also ordered to facilitate the mother's receipt of school reports and newsletters, or to forward them himself if the school was unwilling to provide them directly. The father was to notify the mother of any significant illness or injury to the children, and neither party was permitted to denigrate the other in the presence or hearing of the children. The mother was restrained from attending the children's schools or places of education or work, or attempting to communicate with them. The father could take the children overseas for holidays of up to six weeks with prior notice. The court also ordered that the children meet with a Family Consultant to explain the orders, and that neither party could commence further applications without leave of the court. All outstanding applications were dismissed.