Falcon and Falcon and Anor

In the matter of *Falcon and Falcon and Anor*, Justice Austin of the Supreme Court of New South Wales made orders concerning the children B and C. The dispute involved the future care and time arrangements for the children, with the NSW Minister for Community Services being a party to the proceedings.

The court was required to determine the appropriate allocation of parental responsibility for the children and to establish a regime for the children to spend time with and communicate with their mother. The court also considered various conditions and restraints to be placed upon the parties to ensure the children's welfare and safety.

Justice Austin ordered the discharge of all former parenting orders and allocated parental responsibility to the Minister. The court then set out a detailed schedule for the children to spend time with their mother, commencing with supervised visits and progressively increasing the duration and frequency, subject to compliance with certain conditions. These conditions included the mother undertaking therapeutic counselling for parenting skills, self-esteem, anger management, domestic violence, conflict resolution, and drug and alcohol dependence. The mother was also required to meet the costs of this treatment and to waive confidentiality to allow the Minister access to her treatment records. Further orders restrained the mother and paternal grandmother from consuming alcohol during periods of contact with the children and for 24 hours prior, and from smoking in the presence of the children. The court also prohibited corporal punishment, denigration of either parent in the children's presence, and the use of any surname other than "Falcon" for the children. The Minister was directed to facilitate the provision of academic reports and photographs of the children to the mother.