DE SILVA & ROGERS

This matter concerned an application before Hannam J in the Family Court of Australia, brought by the father, Mr De Silva, and the mother, Ms Rogers, regarding their child, V. The dispute centred on the living arrangements and parental responsibility for V, as well as the father's ongoing involvement in V's life.

The court was required to determine the primary caregiver for V, the allocation of parental responsibility, and the specific terms of the father's future involvement with V. This included considerations regarding V's education, health, religious and cultural upbringing, and any potential changes to V's living arrangements. The court also had to address the father's right to communicate with V and the mother's obligations in facilitating this contact, as well as the surname V would use.

Hannam J ordered that V live with the mother and that the mother have sole parental responsibility, with specific exceptions. The mother was ordered to keep the father informed in writing about V's education, religious and cultural upbringing, health, and any changes to living arrangements. The court also ordered that V retain the surname "De Silva" and that the mother facilitate the father's access to information from V's school and updates on any serious medical issues. The father was permitted to send cards and gifts, which the mother was to provide to V. Crucially, the mother was restrained from discussing the court orders or proceedings with V until V had met with the Independent Children's Lawyer, who was tasked with explaining the orders to V and facilitating communication between V and the father. All previous orders and outstanding applications were discharged.