Cresswell and Warnish and Ors

In the matter of *Cresswell and Warnish and Ors*, Baumann J of the Family Court of Australia made orders concerning the long-term welfare and living arrangements of three children, X Warnish, Y Warnish, and Z Warnish. The proceedings involved the mother, the father (the Second Respondent), and other parties (the First and Third Respondents). The dispute centred on parental responsibility, the children's residence, contact with the father and his family, and the children's names and ability to travel internationally.

The court was required to determine several critical issues, including who should have sole parental responsibility for long-term decisions concerning the children, where the children should live, whether any contact should occur between the children and their father or his family, and whether the children should be permitted to travel internationally and be issued with Australian passports without the father's consent. Additionally, the court considered applications made by the Second and Third Respondents.

Baumann J ordered that the mother have sole parental responsibility for long-term issues and that the children live with her. Crucially, the court ordered that the children have no contact or communication with the father or any member of the father's family, reflecting a significant departure from usual contact arrangements. The court also ordered that the children be known by the mother's surname, Cresswell, and permitted the mother to change their birth certificates accordingly. Furthermore, the court made orders permitting the children to travel internationally and to be issued with Australian passports, notwithstanding the absence of the father's consent, pursuant to provisions of the *Australian Passports Act 2005* (Cth). The applications by the Second and Third Respondents were dismissed for want of prosecution, and the Independent Children’s Lawyer was discharged.