Fairbank and Fairbank & Anor

This matter concerned an application for final orders regarding the living arrangements and welfare of three children, Z, X, and Y, before McClelland DCJ in the District Court. The dispute involved the father, Mr Fairbank, and the maternal grandmother, Ms Edney, concerning the children's residence and contact arrangements, particularly in light of allegations of sexual abuse.

The court was required to determine the primary residence of each child, the arrangements for their contact with each other, the provision of psychological support for one of the children, and the terms of the father's time with that child. Additionally, the court needed to address restrictions on the parties discussing sensitive allegations made about the children.

McClelland DCJ made orders reflecting a carefully considered approach to the children's welfare. The eldest child, Z, was ordered to live with the maternal grandmother, while the other two children, X and Y, were to continue living with the father. The court placed the discretion for sibling contact with the father and maternal grandmother. Crucially, the maternal grandmother was directed to facilitate weekly therapy for Z with a specified psychologist, with the father bearing the costs, which were noted as potentially deductible for child support purposes. The father's time with Z was to be gradually reintroduced, initially during therapy sessions, and subsequently as recommended by the psychologist and agreed by the parties. The court also imposed a significant restraint on the parties, prohibiting them from discussing the alleged sexual abuse allegations with anyone other than medical practitioners, therapists, or for lawful reporting purposes.