Carlton and MacDougall (No 3)

This matter concerned parenting orders made by Kent J in the Federal Circuit Court of Australia, involving the child B and his parents, referred to as the Father and the Mother. The dispute centred on the living arrangements, parental responsibility, and communication between the child and his Mother, who was incarcerated. The court also made orders regarding the child's time with his maternal grandparents.

The legal issues before the court included determining the appropriate parental responsibility for major long-term issues concerning the child, establishing the child's living arrangements, and defining the terms and conditions under which the child would spend time and communicate with his incarcerated Mother. The court was also required to consider the child's relationship with his maternal grandparents and to make orders facilitating communication and information sharing between the parents regarding the child's health and education.

Kent J discharged all previous parenting orders and made new orders reflecting the current circumstances, including the Mother's incarceration. The Father was granted sole parental responsibility for major long-term issues, with specific requirements to consult the Mother in writing before making decisions, considering her response in the child's best interests. The child was ordered to live with the Father. Time and communication between the child and Mother were to be supervised, with specific arrangements for contact centres and telephone calls, subject to the Mother's availability and behaviour. The court also authorised the Independent Children's Lawyer to explain the Mother's incarceration and the court orders to the child.

The court ordered that the Father have sole parental responsibility for all major long-term issues concerning the child, subject to a process of consultation with the Mother. The child was to live with the Father. Specific provisions were made for supervised time and communication between the child and the Mother, taking into account her incarceration. The court also made orders for the child to spend time with his maternal grandparents and for the exchange of information regarding the child's health and education between the parents. Leave was granted to the Independent Children's Lawyer to publish the orders and reasons to the Mother and the maternal grandparents.