BARNET & DWIGHT

In the matter of Barnet & Dwight, Cleary J of the Federal Circuit Court considered applications by both the mother and father to discharge existing consent orders made on 22 November 2018. The proceedings were conducted under the Magellan protocol, and a Magellan Report had been prepared and released, prompting these applications. The existing orders were comprehensive, governing various periods of time and communication between the children and their parents.

The court was required to determine how to vary the existing interim orders in light of the Magellan Report, specifically addressing the children's time with the father, a restraint on the mother's new partner, and allegations of sexual assault against the partner. The court also had to consider the impact of a current Apprehended Domestic Violence Order and the need to reduce conflict arising from changeovers.

Cleary J reasoned that it was not appropriate to revise all of the existing consent orders on an interim basis. The court varied the orders to alter the time the children would spend with the father, with the father consenting to undergo carbohydrate-deficient transferrin (CDT) testing. The application to remove a restraint on the mother's new partner was not granted, with the court noting that allegations of sexual assault, though unsubstantiated by JIRT, meant the mother's interests must yield to the children's interests on an interim basis. The court also ordered that the father not attend changeovers unless agreed in writing, and allowed nominees to attend changeovers if known to the children and both parties, aiming to reduce conflict.

The court ordered that the consent orders of 22 November 2018 be varied by discharging Order 5. The children's time with the father was to be as agreed in writing, or otherwise as specified in the orders, which included alternate weekends with variations based on the younger child's age. The father was ordered to undergo CDT testing on two occasions and provide results to the Independent Children's Lawyer. The applications filed on 15 April 2019 and 26 April 2019 were otherwise dismissed.