Andrews and Nicola (No. 2)

In the matter of *Andrews and Nicola (No. 2)*, Cronin J of the Family Court of Australia considered a dispute between a husband and wife concerning the parental responsibility and living arrangements for their child, K. The proceedings involved applications relating to K's welfare and the parents' interactions with their child.

The court was required to determine several critical issues, including who should have sole parental responsibility for K, where K should live, and the extent to which the wife should be permitted to contact or communicate with K. Further, the court had to consider K's ability to travel internationally and the process for issuing a passport for K, including the return of K's existing passport. The court also had to address the discharge of the Independent Children’s Lawyer and the dismissal of extant applications.

Cronin J applied the paramount consideration of the child's best interests in making orders regarding K's upbringing and welfare. The court ordered that the husband have sole parental responsibility for K and that K live with the husband. The wife was restrained by injunction from contacting or communicating with K, save for the delivery of presents, cards, and letters to the husband for K, with the husband retaining discretion to withhold such items if deemed likely to destabilise K's emotional well-being. K was permitted to travel internationally without the wife's consent, and the Minister was granted liberty to issue a passport for K without the wife's consent. The Registrar was ordered to return K's passport to the husband. All extant applications, save for costs, were dismissed, and the Independent Children’s Lawyer was discharged. The orders included a Fact Sheet detailing obligations, consequences of contravention, and assistance resources, pursuant to sections 65DA(2) and 62B of the relevant legislation.