Kempsey and Bates

This matter concerned competing final parenting applications before Brown J of the Family Court of Australia. The proceedings involved a father and mother seeking orders regarding their child, M, born in October 2002.

The court was required to determine the terms of final parenting orders concerning the father's time with M, including the frequency, duration, and supervision of that time. Further issues included arrangements for the handover of M, the provision of assistance with M's personal care, and the supervision of compliance with the orders.

Brown J made orders for the father to spend time with M on alternate Sundays and on Father's Day, with specific provisions for Mother's Day. The father's time was to be supervised by his cousin or aunt, with at least one of the supervisor's children present, until February 2010, and thereafter by the cousin or aunt, or the father's sister, with similar supervision requirements. The court also ordered that assistance with M's bathing, dressing, or toileting during contact be provided by the supervisor. Compliance with the orders was to be supervised by a family consultant for up to 12 months, with the consultant providing assistance and reporting on compliance. The competing applications for final parenting orders were adjourned for mention before Justice Bennett.