Jacobs and Sitch

In the matter of Jacobs and Sitch, Bennett J of the Family Court of Australia considered an application by the wife for interim orders concerning the parenting of the child X. The dispute centred on the wife's request for sole responsibility for making major long-term decisions regarding the child's health and education.

The court was required to determine whether to grant the wife leave to make an oral application for interim sole parental responsibility for major long-term decisions concerning the child's health and education. It also needed to consider the continuation of existing parenting orders regarding the child's time spent with the father.

Bennett J granted the wife leave to make the oral application and, until further order, made orders conferring sole responsibility for major long-term decisions regarding the child's health and education upon the mother. The court clarified that existing orders for the child to spend time with the father, specifically each alternate Saturday from 9:00 am to 5:00 pm unsupervised and in the absence of the father's partner, Ms J, and at other times as agreed in writing, would remain in full force. The court reserved liberty to apply for the father to vary or discharge these orders and discharged the order for the appointment of an independent children's lawyer. The proceedings were otherwise struck out, with liberty to apply for reinstatement before Bennett J. The court also directed that an email from the father be marked as an exhibit.