KIMBER & KITSON

In *Kimber & Kitson*, heard before Judge Scarlett, the dispute concerned parenting orders for two children. The father had withdrawn his application for parenting orders, leading to the court's determination of the final orders regarding parental responsibility, the children's residence, and the father's time with them.

The court was required to determine the appropriate final parenting orders, specifically addressing issues of sole parental responsibility, the children's residence, the father's time with the children, and the entitlement to sign documents for the children's passports. Additionally, the court considered an application for costs, including whether indemnity costs or party and party costs were warranted, particularly in relation to the Independent Children’s Lawyer.

Judge Scarlett reasoned that in light of the father's withdrawal of his application, the court was to make final orders in the best interests of the children. The orders made reflected the mother having sole parental responsibility and the children living with her, with the father to spend time with them at times agreed between the parties. The court also ordered that the mother was entitled to sign all necessary documents for the children's passports without the father's consent. Regarding costs, the court ordered the father to pay the mother's costs in the sum of $11,300.00 and to pay Legal Aid NSW $1,650.00 for the Independent Children’s Lawyer's representation, reflecting the father's unsuccessful position in the proceedings.