Fante and Fante

This matter concerned an application before Judge Hartnett regarding parental responsibility and time spent with the children of the marriage, [X] and [Y]. The dispute centred on arrangements for the children's upbringing and contact with their father, following previous orders of the court.

The court was required to determine the appropriate orders for sole parental responsibility, the children's residence, and the nature and extent of the father's time with the children. Crucially, the court also had to consider conditions precedent to the father's contact, including participation in a men's behaviour change program and a psychiatric assessment of his mental health functioning and parental capacity. Further issues included communication protocols between the parents and the future listing of any further proceedings.

Judge Hartnett ordered that the mother have sole parental responsibility for the children and that they live with her. The father was to have supervised time with the children once every four to six weeks at a contact centre for an initial period of six months. This supervised time was conditional upon the father completing a men's behaviour change program and obtaining a psychiatric assessment of his mental health and parental capacity, with the results to be provided to the mother and the Independent Children's Lawyer. The court also made orders regarding communication between the parents via email, restricting its use to matters concerning the children's welfare and requiring them to keep each other informed of current email addresses. Any further proceedings concerning the children's time with the father were to be listed before Judge Hartnett if instituted within 18 months.