Fairbank and Fairbank

In the matter of Fairbank and Fairbank, the court considered orders concerning the living arrangements and contact with three children, X, Y, and Z. The dispute involved the father seeking to vary existing orders, specifically regarding the children's residence, parental responsibility, and the mother's contact.

The court was required to determine the appropriate living arrangements for the children, the extent of parental responsibility to be allocated to each parent, the nature and supervision of the mother's contact with the children, and the mother's engagement with therapeutic interventions. Additionally, the court needed to address the mother's communication with the children and her living arrangements, including the presence of the maternal grandmother.

McClelland DCJ ordered that the children, X and Y, live with the father and that the father have sole parental responsibility for their health and education, including the liberty to enrol them in a local school. The mother was to have supervised contact with all three children for two hours each week at a specified service. The mother was restrained from contacting X and Y outside of these supervised contact times. The mother was also directed to ensure the maternal grandmother's presence at her home when Z was in her care. Furthermore, the mother was ordered to commence cognitive behavioural therapy, with a report to be provided by the psychologist on various aspects of her mental health and capacity to care for the children. The court also made orders regarding the exchange of information between parties and the Independent Children's Lawyer concerning the mother's therapy and her current address. The application was adjourned for further hearing.