Adair and Holt

The parties in this matter were the Mother and the Father, with the Independent Children’s Lawyer representing the interests of the child, E. The dispute concerned parenting arrangements for the child, born in July 2002. The proceedings were before Justice Austin.

The court was required to determine the specific orders to be made regarding parental responsibility, the child's residence, and the nature and extent of the Father's time with the child. Key issues included the level of supervision for contact, communication protocols between the parents and with the child, and the financial responsibilities for supervised contact. The court also needed to address the role of the Independent Children’s Lawyer in communicating the orders and the basis for supervised contact to the relevant contact centre.

By consent of the parties and the Independent Children’s Lawyer, Justice Austin ordered that all previous orders concerning the child be discharged. The Mother was granted sole parental responsibility, and the child was to live with the Mother. The Father was to have supervised time with the child bi-monthly on six occasions each year at a designated supervised contact centre, with the Father bearing all associated costs. Specific communication arrangements were detailed, including the Father sending cards to the child six times a year and restrictions on direct communication by other means without the Mother's written consent. The Father was also prohibited from approaching the child at various locations without the Mother's consent. Both parties were restrained from denigrating each other in the child's presence. The Mother was to ensure the Father received information about the child's academic progress and was notified of any hospitalisation or urgent medical treatment. The Father was to provide his current contact details to the Mother. The court also ordered that the Independent Children’s Lawyer inform the Director of the contact centre of the orders and the reasons for supervision. Particulars of obligations and consequences of contravention were to be included in a Fact Sheet attached to the orders.