Fitzwater and Fitzwater

In *Fitzwater and Fitzwater*, Thornton J of the Federal Circuit Court of Australia was required to determine parenting orders concerning two children, X and Y. The proceedings involved the mother and father of the children, with the court making orders regarding the children's living arrangements, parental responsibility, and the father's time with them.

The central legal issues before the court were how to best ensure the children's welfare and best interests, particularly in light of findings that the father posed an unacceptable risk of sexual abuse to child X. This necessitated careful consideration of the nature and extent of the father's contact with the children, the conditions under which such contact should occur, and the role of third-party supervisors.

Thornton J discharged all previous parenting orders, except for an Airport Watch List order. The court ordered that the mother have sole parental responsibility for the children and that they live with her. The father's time with the children was significantly restricted and made conditional upon supervision by specific individuals, namely the paternal cousin Ms B and the paternal grandmother Ms C Fitzwater. Crucially, these supervisors were required to sign enforceable undertakings to the court, detailing their understanding of the risks involved, their responsibilities, and the consequences of any breach, including the potential for contempt of court. The court also made orders regarding communication between the father and children, the father's entitlement to school reports, holiday arrangements, and changeover procedures.