Dabney & Gardener

In the matter of MLC 6996 of 2020, Mr Dabney (the Applicant Father) and Ms Gardener (the Respondent Mother) brought applications concerning parental responsibility and the time the children would spend with the Father on an interim basis. The parties reside approximately four and a half hours apart and have a poor co-parenting relationship. The proceedings were before Judge Bender of the Federal Circuit Court of Australia.

The court was required to determine interim parenting orders, specifically addressing parental responsibility, the children's time with the Father, and the process for making future decisions regarding the children. The court also considered the need for an updated family report to inform its decision-making, including specific matters related to the Father's engagement with counselling and the children's views.

The court ordered that the Mother have sole parental responsibility for the children, with the proviso that she must keep the Father informed of significant long-term decisions and actively seek his input. The children are to spend supervised time with the Father once a month on Saturdays and Sundays, with specific arrangements for supervision and changeovers. The Father was also ordered to complete a Men's Behaviour Change Program and engage with a drug and alcohol counsellor, providing authorities for communication with the Mother and Independent Children's Lawyer regarding his attendance and progress. The matter was adjourned for a final hearing.