Heinrich and Daniels

In *Heinrich and Daniels*, Dessau J of the Family Court of Australia determined the living arrangements and parental responsibility for a child born in February 1997. The proceedings concerned a dispute between the child's parents regarding these arrangements and the mother's future ability to communicate with or seek contact with the child.

The court was required to determine the primary residence of the child, the allocation of parental responsibility, the nature and extent of the mother's communication with the child, and whether to impose restrictions on the mother's future applications concerning the child. Additionally, the court considered the implications of the *Evidence Act* (Cth) and the *Family Law Act 1975* (Cth) regarding the provision of information about the orders and the attendance of counsel.

Dessau J ordered that the child live with her father and that the father have sole parental responsibility. The mother was permitted to communicate with the child via cards and letters and to send gifts by mail, with the father obliged to provide his postal address. The father was also to provide the mother with copies of school reports, with the option to redact identifying information. Crucially, the mother was restrained from approaching the child within 500 metres and from attending the child's school or contacting its staff. Furthermore, the mother was restrained for three years from issuing further applications for contact or communication without leave of the Court. The court also issued a certificate under section 128(7) of the *Evidence Act* (Cth) in relation to the mother's evidence and included a Fact Sheet detailing the obligations and consequences of the orders, as required by sections 65DA and 62B of the *Family Law Act 1975* (Cth). All existing applications were dismissed, and the Independent Children's Lawyer's appointment was discharged.