Galloway & Duke

This matter concerned orders made by Hannam J in the Federal Circuit and Family Court of Australia concerning the living arrangements and protection of a child. The proceedings involved the father and mother of the child, B, born in 2007. The dispute centred on the welfare of the child, including issues of contact, protection from specific individuals, and parental conduct.

The court was required to determine several legal issues, including the appropriate orders for the child's residence and contact with each parent. Crucially, the court had to consider orders for the personal protection of the child, specifically restraining an individual, Mr C, from communicating with or approaching the child, and restraining the mother from permitting the child to be in Mr C's presence. The court also addressed the issue of physical discipline and denigration of a parent in the child's presence. Furthermore, the court considered the independent representation of the child's interests and the potential intervention of the Secretary of the NSW Department of Family and Community Services.

The court made orders by consent, reflecting a Minute of Order signed by the parties. These orders suspended previous arrangements and stipulated that the child would live with the father. Significant protective orders were made under sections 68B and 68C of the *Family Law Act 1975* (Cth), restraining Mr C and the mother from allowing contact with him, with provisions for arrest without warrant for breaches. Orders were also made prohibiting physical discipline and denigration of parents. The child was to spend time with the mother on weekends, with specific times and changeover arrangements. The court also ordered independent legal representation for the child, requested intervention from the NSW Department of Family and Community Services, and granted leave for the mother to amend her response. Further orders facilitated the appointment and role of the Independent Children's Lawyer and the intervention of the Secretary.