Dalby & Glaister

This case concerns an application by Ms Dalby (the Mother) against Mr Glaister (the Father) regarding the living arrangements and communication of their two children, X and Y. The dispute arose when the Father retained the children in Queensland beyond an agreed return date, citing concerns about domestic violence, coercive behaviour, excessive physical discipline, and alleged medical neglect by the Mother. The matter came before O'Shannessy J in the Federal Circuit Court of Australia.

The court was required to determine the primary issue of where the children should live, and to make orders concerning their communication with the Father, their representation, and their welfare. Additionally, the court needed to address the Father's allegations of family violence and medical neglect, and to make orders preventing the children's removal from Australia.

O'Shannessy J ordered that the children live with the Mother. The court also ordered that the children be independently represented by an Independent Children's Lawyer, with Victoria Legal Aid requested to arrange this urgently. The children were to communicate with the Father via telephone on specified evenings. Crucially, both parents were restrained from administering physical discipline to the children, and an injunction was imposed preventing the children's removal from Australia for two years, with their passports to be held by a legal firm. The court also directed the parties and children to attend upon a Family Consultant for a Family Report to be prepared by a specified date, addressing matters relevant to the children's welfare and best interests under the *Family Law Act 1975*. The proceedings were adjourned for a final hearing.