Gallerado and Brettingham

In the matter of Gallerado and Brettingham, Benjamin J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for a child. The dispute involved the mother, Ms Gallerado, and the father, Mr Brettingham, regarding the future care and contact arrangements for their child.

The court was required to determine the primary parental responsibility for the child, including decisions regarding relocation within Australia, changing the child's name, obtaining a passport, and international travel. Furthermore, the court had to decide the child's living arrangements and the extent of any contact or communication between the child and the father. The court also considered the need for protective orders to restrain the father's conduct towards the mother and child.

Benjamin J ordered that the mother have sole parental responsibility for the child, with the child to live with her. Crucially, the court ordered that the child spend no time and have no communication with the father. Pursuant to section 68B of the *Family Law Act 1975* (Cth), the father was restrained from approaching the mother or child directly or indirectly, and from entering or remaining at specified locations where the mother or child might be. The court also directed that the mother continue to accept guidance from a psychologist and staff at D House, and that specific details regarding the obligations and consequences of contravening the orders be set out in an attached Fact Sheet.

The court further directed that certain reports and letters remain on the court file, while other subpoenaed documents and exhibits were to be returned. The Independent Children’s Lawyer was directed to provide the father with a copy of the orders and inform him of his right to apply within a specified period. Leave was granted for the father to apply in respect of the orders within thirty-five days, after which the Independent Children’s Lawyer’s appointment would be discharged. The matter was removed from the list of cases requiring determination, and a copy of the mother's trial affidavit and the orders were to be forwarded to Tasmanian State Child Protection Authorities.