Fenton & Barrett & Ors

In the matter of *Fenton & Barrett & Ors*, Justice Fowler of the Family Court of Australia made orders concerning the parental responsibility and residence of two children, S Done and E Fenton. The proceedings involved the father (the Applicant), the mother (the First Respondent), the paternal grandmother and paternal grandfather (the Third Respondents), and the NSW Minister for Community Services (the Intervener). The dispute centred on the future care and welfare of the children, particularly in light of the father's current imprisonment and the parents' circumstances.

The court was required to determine the appropriate allocation of parental responsibility and residence for the children, the terms of contact between the children and their parents and paternal grandparents, and to implement protective measures and conditions to ensure the children's safety and well-being. This included establishing a framework for supervised contact, drug and alcohol counselling, and prohibitions on certain behaviours and proximity to specific individuals.

Justice Fowler ordered the discharge of all prior parenting orders. Parental responsibility for both children was allocated to the NSW Minister for Community Services for two years, after which it would transfer solely to the mother. During the initial two-year period, the children were to spend supervised time with their paternal grandmother and paternal grandfather, and limited supervised telephone contact with the father during his sentence. Specific injunctions were imposed on the parents and paternal grandparents regarding drug and alcohol use, criminal activity, and contact with the children, with a strong emphasis on co-operation with the Director General of the Department of Community Services and participation in counselling and rehabilitation programs. The court also made orders prohibiting denigration of family members in the presence of the children and requiring participation in a "Keeping in Contact" program.