FANNING & KRESS AND ANOR

In the matter of Fanning & Kress, Johns J of the Federal Circuit and Family Court of Australia considered a dispute concerning the parental responsibility and living arrangements for a child, X. The proceedings involved an applicant father, a first respondent mother, and a second respondent.

The court was required to determine the appropriate orders regarding the child's sole parental responsibility, where the child would live, and the extent of contact the child would have with each parent. Additionally, the court considered applications for the registration of the child's birth and the obtaining of a passport, as well as whether to impose restraining orders and the appointment of an Independent Children's Lawyer.

Johns J ordered that the second respondent have sole parental responsibility for the child, and that the child live with the second respondent. Crucially, the court ordered that the child spend no time with the applicant father or the first respondent mother. The court also made orders allowing the second respondent to register the child's birth and obtain a passport without the consent of the applicant or first respondent. Furthermore, the father was restrained from communicating with or being within 200 meters of the second respondent or her residence. The order for an Independent Children's Lawyer was discharged, and all extant applications were dismissed.