Binder and Merza

This matter concerned parenting orders made by Barry J in the Family Court of Australia. The proceedings involved the parents of a child, D, born in March 2003, and the Independent Children's Lawyer. The court was required to determine the living arrangements for the child and the nature of the father's contact with D.

The court was asked to determine the terms of parenting orders, specifically concerning where the child would live and the conditions under which the father would spend time with the child. Further issues included the identity of a supervisor for the father's time with the child and the method of communication between the father and the child. The court also addressed the provision of specific documents, including school reports and medical records, and the disclosure of telephone records.

Barry J ordered that the previous orders of FM Baumann dated 4 March 2005 be reinstated, subject to the terms of the current orders. The child, D, was ordered to live with the Mother. The Father was granted supervised time with the child at times and places to be agreed by the parties or further ordered by the Court, with the supervisor to be mutually agreed or approved by the Independent Children’s Lawyer. Communication between the Father and the child was to be by telephone or in writing, as agreed by the parties. The Father was also ordered to provide the child's 2009 school report and a record of a medical centre attendance to the Independent Children’s Lawyer and the Mother’s legal representatives. The Mother was ordered to supply her telephone records to the Father’s legal representatives and the Independent Children’s Lawyer. The proceedings were adjourned to the Judicial Duty List on 29 March 2010, with liberty to apply to relist on seven days' notice. The orders also included a notice regarding obligations, consequences of contravention, and assistance for compliance, pursuant to ss 62B and 65DA(2) of the relevant legislation.