Baines and Keen and Ors

In the matter of Baines and Keen and Ors, Cleary J of the Family Court of Australia made orders concerning the parental responsibility, residence, and time and communication arrangements for four children: E (born 2004), F (born 2006), G and H (both born 2008). The dispute involved the Minister of the Department of Family and Community Services (the Minister) and the children's mother and maternal grandparents, with the Secretary of the Department of Family and Community Services (the Intervener) playing a significant role in the implementation of the orders.

The court was required to determine the appropriate allocation of parental responsibility for the children, establish their living arrangements, and set out the terms for the father's time and communication with them. Additionally, the court considered the need for injunctions and restraints to protect the children and ensure their welfare, as well as the provision of information regarding the children's health, education, and welfare to the father.

Cleary J ordered that prior orders be discharged and that the Minister exercise sole parental responsibility for the children for a period of 12 months. Following this, parental responsibility was to be shared equally between the Minister, the mother, and the maternal grandparents for two years, before the mother assumed sole parental responsibility until the children reached 18 years of age. The children were to live as directed by the Intervener for three years, with a transition to the mother's care anticipated. Specific arrangements were made for the father's supervised and unsupervised time with the children, including limitations on proximity and communication methods, and various injunctions were imposed on the mother, father, and maternal grandfather to prevent harmful conduct and protect the children's privacy and well-being. The court also detailed the ongoing role of the Intervener in facilitating communication and information sharing between the parents and grandparents.