Baldwin and Aleksic

This case concerned parenting orders for a child, N, born in May 2005. The applicant was Ms Baldwin (the mother) and the respondent was Mr Aleksic (the father). The proceedings were heard in the Family Court of Australia at Cairns before Benjamin J. The Independent Children’s Lawyer, Susan Gray, was also involved.

The court was required to determine the parenting arrangements for the child, specifically with whom the child would live, with whom the child would spend time, and with whom the child would communicate. The court also considered the father's application for leave to vary existing orders regarding his time with the child, conditional on him explaining his absence from the hearing.

Benjamin J discharged all previous parenting orders and made new orders. The mother was granted sole parental responsibility and the child was to live with her. The father was to spend supervised time with the child on Tuesdays after school and on alternate weekends, supervised by the paternal grandparents or other agreed supervisors. The father was required to attend treatment for his illness and provide an irrevocable authority to medical providers to notify the mother of any non-compliance. The father was restrained from attending the mother's home or place of work and from contacting her by telephone. The court noted the father's absence from the hearing, despite being called, but granted him leave to apply for variation of the time orders within 28 days, provided he filed an affidavit explaining his absence. The appointment of the Independent Children’s Lawyer was extended for six months.