Atwood and Atwood and Anor

This matter concerned parenting orders for a child, B, born in 2006, involving the applicant father, Mr Atwood, and the respondent mother, Ms Atwood. The proceedings were before Loughnan J in the Family Court of Australia. The court was required to make orders concerning the child's living arrangements, parental responsibility, and contact with both parents, in circumstances where the mother had failed to appear at court on multiple occasions and concerns were raised about her mental health and safety.

The primary legal issues before the court were the determination of who should have sole parental responsibility for the child, the child's primary residence, and the terms of contact between the child and each parent. The court also had to consider the appropriate interim measures to ensure the child's welfare and safety, particularly given the mother's non-attendance and the expressed concerns regarding her mental health. Furthermore, the court needed to address the role of the Secretary of the Department of Family and Community Services and an Independent Children's Lawyer in the proceedings and the process for obtaining expert evidence.

Loughnan J made orders suspending all prior parenting orders and granting the father sole parental responsibility for the child, subject to written direction from the Secretary of the Department of Family and Community Services. The child was ordered to live with the father, who provided undertakings regarding supervision by the Secretary, abstaining from illegal drug use and alcohol abuse, and permitting the mother to spend time with the child as directed by the Secretary. The mother was restrained by injunction from removing or taking possession of the child, or having contact with the child, except as authorised by the Secretary. Both parents were also restrained from denigrating each other in the child's presence and from discussing the proceedings with the child. The court also made procedural orders regarding the filing of evidence, the role of a single expert, and the listing of future directions hearings. The court noted its serious concerns regarding the mother's mental health and safety and requested consideration of action by NSW Police and/or the local Mental Health Crisis Team.