KIRKHAM & DOLTON

In the matter of *Kirkham & Dolton*, Johns J considered final parenting orders agreed between the mother and the father concerning their child, Y. The proposed orders stipulated that Y would live with the mother and spend no time with the father. The Independent Children's Lawyer (ICL) did not oppose these orders, acknowledging a lack of independent evidence but not actively consenting.

The central legal issue before the court was whether to make the consent orders as agreed by the parents, despite the ICL's qualified position due to the absence of independent evidence. The court was required to determine if the orders, which included provisions for the father to send cards, letters, and gifts to Y through the maternal grandmother, were in Y's best interests and met the requirements for making consent orders in family law proceedings.

Johns J reasoned that where parents consent to final parenting orders, and the ICL does not oppose them, the court may make such orders provided they are in the child's best interests. The court applied the principles governing consent orders in family law, which allow for their making in the absence of a full hearing if the court is satisfied that the orders are appropriate. The court ultimately made the orders as agreed, discharging previous orders, granting the mother sole parental responsibility, ordering Y to live with the mother and spend no time with the father, and permitting the father to send gifts and correspondence to Y via the maternal grandmother. The court also dismissed extant applications and made no order as to costs, incorporating a fact sheet detailing obligations and consequences of contravention pursuant to sections 65DA(2) and 62B of the relevant legislation.