CANE & CANE

In the matter of CANE & CANE, Mead J considered an application by the father concerning parenting orders for the parties' three children. The father's application was made in circumstances where he had recently completed a program and subsequently experienced further hospitalisation due to ongoing mental health problems.

The central legal issues before the court were whether to dismiss the father's application, the appropriate parenting arrangements for the children, and whether to continue or discharge previous orders, including the appointment of an Independent Children's Lawyer. The court also had to determine the extent of the father's future involvement with the children, including contact and communication, and whether any restrictions should be placed on his attendance at school or extracurricular activities.

Mead J dismissed the father's application, noting his ongoing mental health issues and subsequent hospitalisation. The court discharged all previous parenting orders and made new orders granting the mother sole parental responsibility for the children, with the children to live with her. The father was granted liberty to apply to reinstate proceedings if his mental health significantly improved. The court also ordered that the children spend time with the father as agreed in writing with the mother, and specified limited communication methods, including cards and letters for birthdays and Christmas, and phone contact facilitated by the mother. Crucially, the father was restrained from attending the children's school or extracurricular activities without the mother's express written consent. The order for the appointment of an Independent Children's Lawyer was discharged.