Kyle and Hartley

In *Kyle and Hartley*, heard by Judge Small, the Applicant Mother sought and was granted leave to proceed on an undefended basis concerning parenting orders for two children, X and Y. The dispute centred on the future parenting arrangements for the children, with the Mother seeking sole parental responsibility and the children to live with her.

The court was required to determine the appropriate parenting orders for the children, including the extent of the Father's parental responsibility, the children's living arrangements, and the nature and frequency of the Father's time with the children. Additionally, the court needed to consider communication arrangements between the children and the Father, and the extent to which the Mother would be required to facilitate information sharing and contact. The court also had to address the discharge of existing orders, including the appointment of an Independent Children's Lawyer, and the allocation of costs.

Judge Small ordered that all existing orders regarding the children be discharged and that the Mother have sole parental responsibility, with the children to live with her. The Father was granted supervised time with the children, to occur at a contact centre at his expense, with provisions for alternative arrangements if the centre was unavailable. The orders also stipulated regular telephone contact, with specific provisions for communication on significant dates. Crucially, both parents were restrained by injunction from engaging in inappropriate adult conversations with the children about the dispute, denigrating the other parent, or exposing the children to violence. The Father was ordered to pay the Mother's costs fixed at $7,437.00. The court noted that the Father did not appear for the delivery of judgment and clarified that "in writing" included SMS text message and email.