Ellgar and Okeil (No 3)

In *Ellgar and Okeil (No 3)*, Strickland J of the Family Court of Australia considered parenting orders concerning four children. The father sought sole parental responsibility for three of the children, who were living with him, and no orders in relation to the fourth child, who was living with the mother. The mother had a history of non-attendance at court and assessment dates, and non-compliance with previous orders.

The primary legal issues before the court were whether to grant the father leave to file a further amended application, with whom the children should live, and whether the mother should have parental responsibility for any of the children. The court also had to determine the extent of time the children would spend with the mother and consider the discharge of previous parenting orders and the appointment of an Independent Children’s Lawyer.

Strickland J reasoned that the mother had not demonstrated the appropriate level of responsibility in her parenting and that it was not in the children's best interests for her to have parental responsibility. Consequently, the court ordered that the three children living with the father should live with him and that he have sole parental responsibility for them. The children were to spend time with the mother as agreed between the parties, with handovers to occur at specified locations between the father and the maternal grandfather. The court also discharged all previous parenting orders and the appointment of the Independent Children’s Lawyer.