ATKINSON & ATKINSON

In ATKINSON & ATKINSON, heard by Judge Harman, the dispute concerned parenting orders for a child, X. The court was required to determine the living arrangements and time spent between X and his parents, as well as establish communication protocols and restrictions between the parents.

The court's reasoning focused on ensuring X's welfare and safety. To achieve this, orders were made for X to live with his Mother and spend specific, limited time with his Father. Crucially, to manage the handover process and minimise direct contact between the parents, the Father was restrained from attending within 100 metres of the Mother's nominated handover location during specific times, with handovers to occur via an intermediary, Ms F. Furthermore, pursuant to section 68B of the Family Law Act 1975, the parents were restrained from contacting or communicating with each other except in relation to X's health and welfare.

The court adjourned the proceedings for further directions, noting the parties' intention to consider a Part 15 Report or, failing agreement, a section 62G Family Report. Leave was granted to the Independent Children’s Lawyer to issue multiple subpoenas. The court also highlighted the enforcement provisions of section 68C of the Family Law Act 1975, which authorise police to arrest a parent in breach of the communication order without further warrant.