Lambert and Adamson

In the Federal Magistrates Court of Australia, Ms Lambert (the mother) filed an application against Mr Adamson (the father) seeking various parenting orders for their two children, X and Y. The mother sought sole parental responsibility, for the children to live with her, and for the children to spend supervised time with the father at an authorised contact centre, as well as spending special occasions with each parent. The father opposed the mother's application and sought sole parental responsibility, for the children to live with him, and for the children to spend time with the mother at a supervised contact centre or an alternative suitable option, along with imposing various restraints on the mother and requiring the parties to attend a post-separation parenting course. The court considered the statutory provisions of the Family Law Act 1975 and the factors to be considered in determining the best interests of the children, including the benefit of a meaningful relationship with both parents and the need to protect the children from harm.

After considering the evidence and proposals from both parties, the court decided not to determine the issue of parental responsibility at this interim stage, as it was not appropriate to do so. Instead, the court decided that the children should remain living with the father in the interim, while the mother's time with the children should be supervised by an agreed supervisor, or failing agreement, a professionally accredited or recognised supervisor engaged by the father at his cost. The court also ordered that both parties complete the necessary application forms with the Sydney Children’s Contact Service and attend all necessary intake sessions, encouraging the parties to discuss possible alternatives to paid supervised time in the meantime. The court further ordered the appointment of an Independent Children’s Lawyer and set a timetable for the filing of further affidavit material by both parties, with the matter to return on the first available date in Sydney for mention only on 27 April 2011, with the input of the Independent Children’s Lawyer. The court also noted that the mother's request for an expert report may be considered at the mention hearing or on a subsequent date, as appropriate.