DUFFY & GOMES (No.2)

In the matter of DUFFY & GOMES (No.2), Judge Harman of the Family Court of Australia considered parenting arrangements for the children, X and Y. The dispute concerned the future care of the children, their best interests, and their right to participate in proceedings, including the potential for direct meetings with the judge. The court also addressed issues relating to the objection to a subpoena, privacy, public policy, parental responsibility, and the issue of passports.

The legal issues before the court included the determination of parental responsibility, specifically concerning the children's passports, and the costs associated with the Independent Children's Lawyer. The court was required to consider the children's right to have their voice heard and participate in the proceedings, as well as the implications of direct meetings between the children and the judge, including any relevant cautions.

By consent, final orders were made in accordance with the Terms of Settlement executed by the parties and the Independent Children’s Lawyer. Ms Duffy was granted sole parental responsibility for any application for Australian Passports for the children, and upon their issue, she was entitled to hold them on their behalf until they reached majority. The court also requested that the Department of Immigration and Citizenship expedite the processing of any passport application made by Ms Duffy. The Independent Children's Lawyer was directed to provide a typescript of the Terms of Settlement to the court's associate within seven days.