Kavanagh and Power & Ors (No 2)

In *Kavanagh and Power & Ors (No 2)*, Cleary J of the Family Court of Australia considered parenting orders concerning two children, C and D. The proceedings were undefended by the respondents, as the first respondent father had ceased participating and the second respondent paternal grandparents chose not to appear at the final hearing. At the time of the hearing, the mother did not know the whereabouts of the elder child, C.

The court was required to determine the best interests of both children, including their relationships with their parents and each other, and to make orders regarding their parental responsibility and residence. Specifically, the court had to consider the circumstances of the elder child, C, who was identified as a young person at risk due to her living situation, and the younger child, D, whose alignment with the mother and potential for restored relationships with his father and sibling were factors. The court also had to address the impact of the parents' post-separation difficulties and lack of communication on the children.

Cleary J discharged all prior parenting orders. For the elder child, C, the mother was granted sole parental responsibility, with specific provisions for the mother and the father/paternal grandparents to advise each other of any adverse events affecting C. The mother was also given leave to provide copies of the orders to relevant authorities, including police and child welfare departments. For the younger child, D, the mother was also granted sole parental responsibility, subject to detailed reporting requirements to the father regarding D's schooling and medical professionals, and notification of significant illness or hospitalisation. The paternal grandparents were granted liberty to attend school sporting events and functions. D was ordered to live with the mother, and telephone contact with the paternal grandfather was ordered. The court also made orders restraining the parties from verbally abusing each other in the presence of the children. No specific orders were made regarding C's residence, given the circumstances, and no orders were made to restore contact between D and his father or between the siblings.