LAWSON & HILL

In the matter of *Lawson & Hill*, McClelland J of the Family Court of Australia considered an application by the father concerning his contact with his child, C, in relation to an upcoming surgery. The father sought to attend B Hospital on specific dates and to have contact with C.

The primary legal issues before the court were whether the father should be permitted to attend the hospital and the terms upon which any contact with the child should occur, particularly in light of the child's impending surgery. The court also had to consider the father's application for attendance at the hospital.

McClelland J dismissed the father's application to attend B Hospital on 31 August and 1 September 2015, and vacated the listing date for further proceedings. The court made orders restraining the father from attending the hospital on those dates. In reaching this decision, the court noted an offer made by the mother, which remained open, detailing specific conditions for the father's contact with C before, during, and after the surgery. These conditions included undertakings from the father to avoid causing stress to the child, and the mother's commitment to provide updates and facilitate telephone calls at times deemed appropriate by medical professionals. The Independent Children’s Lawyer also requested that any such calls be conducted in a manner that did not distress the child. The court ordered that each party bear their own costs.