Hollier and Spaulding

The case of *Hollier and Spaulding* concerned an application before Hannam J in the Federal Circuit and Family Court of Australia. The dispute involved orders relating to parental responsibility and contact between a mother and her children. The orders were made by consent in relation to parental responsibility and by the Court in relation to contact and communication.

The primary legal issues before the Court were the extent to which parental responsibility should be allocated and the nature of any contact or communication permitted between the mother and the children. The Court was also required to consider the appropriate protective measures for the children and the role of the Independent Children’s Lawyer in explaining the orders.

Hannam J made several orders, including that the father have sole parental responsibility for the children. Crucially, all orders for the mother to spend time with, come into contact with, or communicate with the children were suspended. The mother was prohibited from spending any time with or communicating with the children, and was restrained from approaching or communicating with them in any manner, including through a third party. She was also restrained from coming within 500 metres of the children's schools or home, or entering any place of employment. The father was similarly restrained from communicating with or approaching the mother in an effort to vary these contact orders. The Independent Children’s Lawyer was directed to explain the orders to the children, with the assistance of a family consultant if necessary. The father was also restrained from providing any explanation to the children regarding these orders.