Hampstead and McDougall

In the matter of Hampstead and McDougall, Tree J of the Family Court of Australia considered orders relating to the parental responsibility and living arrangements for four children. The dispute concerned the arrangements for the children following the father's involvement in criminal matters.

The court was required to determine the appropriate orders for the children's care and contact with their father, particularly in light of the father's ongoing criminal proceedings. Key issues included the allocation of parental responsibility, the children's residence, and the conditions under which any future contact between the father and children might occur.

Tree J discharged all previous orders and made new orders granting the mother sole parental responsibility and determining that the children should live with her. The father was prohibited from spending time with the children until after his criminal matters were resolved. Following sentencing or acquittal, the mother was to ascertain the children's wishes regarding contact. If the children wished to see their father, such time was to be supervised by the father's brother or another person agreed by the mother, and involve at least three of the children. The father was permitted to write to the children monthly, with the mother to review and provide the correspondence if deemed appropriate. The mother was also to facilitate the children's contact with a relevant support organisation if they sought to spend time with their father. The Independent Children's Lawyer was to be discharged upon the conclusion of any appeal period or determination of appeals.