Bland and Sparks

In *Bland & Sparks* [2011] FamCA 671, the Family Court of Australia considered parenting arrangements for a child, S, born in 2005. The applicant father, Mr Bland, sought orders regarding the child's residence, parental responsibility, and time spent with the respondent mother, Ms Sparks. The Independent Children's Lawyer, Mr Mulvany, was represented by Mr Kiernan. The mother had previously been represented but was self-represented at the hearing after her legal team was granted leave to withdraw.

The primary legal issues before the Court were to determine the parenting arrangements for the child, including who would exercise sole parental responsibility, where the child would live, and the specific terms of time the child would spend with each parent. The Court also had to consider the mother's declining to appear in court and the implications for making orders in her absence, particularly concerning special day time arrangements.

Justice Bennett made orders by consent regarding the majority of parenting arrangements, granting the father sole parental responsibility and ordering the child live with the father. The Court also detailed specific arrangements for the mother to spend time and communicate with the child, with these arrangements progressively increasing in duration and independence over several years, and subject to conditions including supervised drug testing for both parents and the paternal grandmother's supervision of initial contact. The Court noted that the mother had agreed to the majority of these orders in principle but refused to attend court for their finalisation. The Court made orders regarding Christmas Day and the child's birthday, noting that these were unopposed and supported by the Independent Children's Lawyer, and were made in the child's best interests. The order for the appointment of the Independent Children's Lawyer was discharged.