BURNS & HARMON

In the Family Court, the applicant father failed to attend a hearing concerning final orders for his children, J and A, and did not articulate the orders he sought. The proceedings had a significant history, and the court considered it to be in the best interests of the children that the matter be finalised.

The court was required to determine the final parenting orders for the children, specifically regarding their residence, time spent with each parent, parental responsibility, and the continuation or discharge of the Independent Children’s Lawyer. The court also needed to consider whether to impose any injunctions to protect the children from parental conflict.

The court reasoned that finalisation of the proceedings was paramount for the children's welfare, given the extensive history. The court ordered that the children live with the mother, who would have sole parental responsibility. The father was granted specific time with the children, including alternate Saturdays from midday to 8:00 pm, with handovers to occur at a police station or an agreed alternative venue. An injunction was also granted restraining either parent from criticising or denigrating the other or their family members in the presence of the children. The appointment of the Independent Children’s Lawyer was discharged, and all matters were removed from the pending list.