Drew and Carter

In the matter of *Drew and Carter*, Benjamin J of the Family Court of Australia considered parenting orders concerning two children, B and C. The proceedings were determined on an undefended basis, with the court making orders based on previously filed material, including an affidavit and expert report, and the recommendation of the Independent Children’s Lawyer.

The central legal issue before the court was the determination of parenting arrangements for the children, specifically whether the children were at an unacceptable risk of abuse in the full-time care of the father. The court was required to consider the best interests of the children in making its determination.

Benjamin J vacated all previous parenting orders and made new orders granting the father sole responsibility for the children, with the children to live with him. The children's time with the mother was to be as agreed in writing between the parents or as otherwise determined by a court. The court found, based on the available material and the Independent Children’s Lawyer’s recommendation, that the children were not at an unacceptable risk of abuse in the father's full-time care. The court also dismissed all outstanding applications and noted that the appointment of the Independent Children’s Lawyer would expire 28 days from the date of the order.