James and Mae

In the matter of *James and Mae*, Benjamin J of the Family Court of Australia considered an application concerning parenting orders for two children, J and C, born in June 1996. The dispute centred on the living arrangements and parental responsibility for the children, with the applicant mother seeking specific orders regarding the children's residence, the father's involvement, and communication.

The court was required to determine whether to discharge existing parenting orders and, if so, what new orders should be made regarding the children's residence, parental responsibility, and the nature and extent of the father's contact with them. A further issue was the father's ability to attend locations frequented by the children, and the court also needed to consider the provisions of sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth) concerning the particulars of obligations and consequences of contravention.

Benjamin J reasoned that the existing parenting orders should be discharged. The court ordered that the children live with the mother and that she have sole parental responsibility. The father was to spend no time with the children, with communication limited to letters, emails, photographs, cards, and presents sent to an address nominated by the mother, subject to vetting by the mother to ensure they were not offensive or distressing. The mother was to facilitate the forwarding of such items to the children and to the father, provided the father notified the mother of his current postal address. The father was also restrained from attending any residence where the children might be living or their school. The court further ordered that particulars of these obligations, the consequences of contravention, and details of support services be included in a Fact Sheet attached to the orders, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth).