Grace and Grace

This matter concerned an application before Bell J in the Family Court of Australia, brought by the parties, identified as the Mother and the Father, concerning parenting arrangements for their two children, C and R. The dispute revolved around the long-term and day-to-day care of the children, as well as the nature and extent of the Father's future contact with them.

The court was required to determine the appropriate orders regarding parental responsibility for the children's long-term care, welfare, and development, and their day-to-day care. Further issues included the extent to which the Father would spend time with the children, the mechanism for communication and exchange of information between the parties concerning the children, and the imposition of restraints on future applications to the court. The court also considered the discharge of the Independent Children's Lawyer and the inclusion of specific particulars regarding the obligations and consequences of contravening the orders.

The orders made by consent reflected a significant shift in parental responsibility, with the Mother granted sole parental responsibility for the long-term care, welfare, and development of both children. The Father was not to seek formal orders for ongoing time with the children, with contact to be determined by the children's wishes or mutual agreement, and the Mother was to encourage and facilitate such time. The Father was permitted to send letters, cards, and gifts to the children up to six times per year, plus on birthdays, and was to receive school reports, with identifiable information removed. The Father was to be notified of any serious injury, medical condition, or death of the children. The court also ordered that both parties be restrained from bringing further applications without leave, and that specific details regarding the orders and their consequences be set out in an attached Fact Sheet, which was incorporated into the orders. The Independent Children's Lawyer was discharged, and the children were to attend an explanation of the orders with a Family Consultant.