Gibbs and Gibbs (No.2)

This matter concerned parenting arrangements for two children, X and Y, with the parties being the father, Mr. Gibbs, and the mother, Ms. Gibbs. The Independent Children’s Lawyer (ICL) also participated in the proceedings. The case came before Judge McGuire in the Federal Circuit Court.

The court was required to determine the specific terms of parenting orders concerning the father's time with the children, including the method and location of handovers, and the schedule for contact. The court also needed to address the compliance of the parties with any orders made and the role of the ICL in explaining the orders to the children.

Judge McGuire made orders by consent between the father and the ICL, and undefended by the mother, relating to various paragraphs of an aide memoire. These orders established a framework for the father to spend regular time with the children, mandating contact through a specified Children's Contact Centre. The court also set out a schedule for the father's time with the children, commencing from a specific date and continuing until further order, with all handovers to occur at the Contact Centre. The trial was adjourned part-heard for further hearing, with directions for the parties to file any further affidavits by a specified date. The court further directed the ICL to explain the orders to the children and requested consideration of an extension of the ICL's grant of aid. The mother was also directed to make the children available to speak with the ICL.