Cochrane and Cochrane

This matter concerned undertakings and consent orders made by Judge McNab in the Family Court of Australia. The proceedings involved Mr Cochrane (the husband) and Ms H (the wife), and their three children. The dispute centred on arrangements for the husband's time with the children and related matters, following undertakings given by both parents regarding the children not being left alone with a Mr C.

The court was required to determine the specific terms of the husband's time with the children, including the duration, frequency, and supervision of that time. Further issues included the husband's participation in a Men's Behavioural Change Program and a Post Separation Parenting Course, as well as the wife's participation in the latter. The court also considered the involvement of the paternal grandmother and grandfather in the children's lives, and the husband's attendance at school events and sporting functions. Finally, the court addressed injunctions restraining both parents from denigrating each other or discussing the proceedings in the presence or hearing of the children.

The court's reasoning and the principles applied are reflected in the detailed consent orders. These orders discharged previous arrangements and established a new schedule for the husband's supervised time with the children, commencing on 10 September 2016. The orders mandated the husband's enrolment and attendance at a Men's Behavioural Change Program and both parents' participation in a Post Separation Parenting Course, with written confirmation of completion required. The paternal grandmother was to supervise the husband's time with the children, and the paternal grandfather was permitted to be present during these supervised visits. Injunctions were imposed on both parents, restraining them from abusing, insulting, belittling, rebuking, or otherwise denigrating the other parent, and from discussing the proceedings in the presence or hearing of the children. The court also noted the family consultant's recommendations and the parents' geographical challenges in accessing therapy.