FEAKS & RITCHIE

In the Family Court of Australia, Justice Rees considered an application by Ms Feaks (the mother) and Mr Ritchie (the father) concerning their child, B. The dispute involved issues of parental responsibility, specifically regarding the child's health and education, and the arrangements for the child to spend time with the father. The court also addressed the role of an Independent Children's Lawyer (ICL) appointed to represent the child's interests.

The primary legal issues before the court were whether the mother should have sole parental responsibility for the child's health and education, and what specific orders should be made regarding the child's time with the father. The court was also required to determine the future appointment of an ICL and to resolve outstanding applications between the parties.

Justice Rees made several orders, including vacating a previous order and re-appointing an Independent Children's Lawyer. The mother was granted sole parental responsibility for the management of the child's health, with specific provisions for the father to be informed of and authorised to receive information from any medical practitioner consulted, other than Dr E or Dr F. However, the mother's application for sole parental responsibility in relation to education was dismissed. The court then detailed a phased schedule for the child to spend time with the father over a twelve-month period, commencing in May 2015, with provisions for supervision, make-up time, and venue arrangements. The mother was also restrained from applying for a passport for the child until a specified number of these time periods had occurred. All other applications and cross-applications were dismissed, and all issues were removed from the Active Pending Cases List.