Herdman and Howard

In the matter of *Herdman and Howard*, Strickland J of the Family Court of Australia considered a dispute concerning the welfare of two children, S and T. The proceedings involved applications by the father and mother regarding the children's living arrangements and parental responsibility.

The court was required to determine the primary issue of where the children should live and who should hold parental responsibility for them. A further significant issue was whether the father should be restrained from having any contact or communication with the children, and consequently, whether the appointment of an Independent Children’s Lawyer was still necessary.

Strickland J ordered that the children, S and T, live with the mother and that she have sole parental responsibility for them. The court further granted an injunction restraining the father from having any contact or communication with the children. In light of these orders, the court discharged the previous order appointing an Independent Children’s Lawyer. The court also noted that the particulars of the obligations and potential consequences of contravening these orders were set out in an attached Fact Sheet, pursuant to sections 62B and 65DA(2) of the *Family Law Act 1975*. All other applications before the court were dismissed and removed from the active pending cases list.