Knibbs and Knibbs (No 2)

This matter concerned an application by the independent children's lawyer and the continuation of proceedings between the parties, Mr. and Mrs. Knibbs, regarding their two children, N and S. The court was required to make orders concerning the children's parental responsibility, living arrangements, communication between the parties, and specific restrictions related to allegations of abuse.

The primary legal issues before the court were how to best promote the children's welfare and best interests, particularly in light of allegations of abuse. This involved determining the nature of parental responsibility, establishing a stable and consistent living arrangement, and implementing measures to ensure the children's safety and emotional well-being. The court also had to consider the implications of previous restraining orders made by Justice Murphy concerning the children's contact with medical practitioners, counsellors, departmental officers, and police in relation to alleged sexual abuse.

Justice O'Reilly made orders for equal shared parental responsibility, requiring the parties to consult and make genuine efforts to reach joint decisions on major long-term issues concerning the children. The children were ordered to live with each party on an equal time, week-about basis, with specific arrangements for school holidays and special days. The court also imposed strict communication protocols between the parties, prohibiting denigration and the discussion of adult issues or the substance of the proceedings in the children's presence. Crucially, the court continued existing restraining orders that prevented the parties from videotaping or audio-taping the children in relation to allegations of abuse, taking the children for assessments or counselling related to alleged abuse without leave, or taking the children for interviews by departmental officers or police concerning alleged abuse without leave. The court also ordered that the children have no contact with a Mr. R. The independent children's lawyer was directed to provide copies of the orders and reasons for judgment to the school principal and the Department of Community Services. Furthermore, the mother was ordered to ensure the children attend an appointment with a family consultant to explain the orders and assess the children's well-being. The proceedings were listed for further hearing.