Fleming and Tilman

In the matter of Fleming and Tilman, Stevenson J of the Family Court of Australia made orders concerning the parenting of three children, B, C, and D. The dispute involved the mother and father of the children, with the court ultimately determining the future living arrangements and contact arrangements for the children.

The court was required to determine the primary issue of which parent should have parental responsibility for the children and where the children should live. Further, the court had to consider the nature and extent of any contact, if any, the father should have with the children, and whether any restraining orders were necessary to protect the children and the mother. The court also considered the practical mechanisms for communication and the provision of information regarding the children's well-being.

Stevenson J ordered that all existing parenting orders be discharged. The mother was granted sole parental responsibility, and the children were ordered to live with her, with no time spent with the father. Communication between the father and children was significantly restricted, requiring the mother to facilitate the reading of cards, letters, and gifts by a school counsellor or a nominated alternative, and to provide a post office box for such correspondence. The father was restrained from including inappropriate material in his communications. The father was also restrained from approaching the children, the mother, or their residence and school, and from communicating with them otherwise than as prescribed. The mother was ordered to inform the father of any serious illness or injury to the children and to provide health professional details, authorising the release of information. The court also made detailed orders regarding the explanation of the orders to the children, psychological support, and the provision of copies of the orders to relevant parties. Finally, the mother was permitted to apply for passports and travel internationally with the children without the father's consent.