Licha and Wunscher

This matter concerned parenting orders for a child born in August 1999, with the proceedings heard by Brown J. The dispute involved the father and mother of the child, and the court was required to determine the future living arrangements, parental responsibility, and communication between the parents and the child.

The court was tasked with determining the primary caregiver for the child, the extent of the mother's contact and communication with the child, and the geographical restrictions on the mother's proximity to the child and her school. Further issues included the management of the child's schooling, medical care, and the potential for international travel. The court also considered the role of a parenting program for the father and the involvement of an independent children's lawyer.

Brown J. ordered that all previous parenting orders and injunctions be discharged. The child was to live with the father, who was granted sole parental responsibility. The mother was restrained from contacting or communicating with the child except as specifically permitted by the orders. This included the ability to send letters, cards, and gifts, which the father could inspect and withhold if deemed inappropriate. The father had absolute discretion regarding any time the mother might spend with the child, including supervision, and any telephone communication. The mother was also restrained from attending within 100 metres of the child's school and residential address, or attending events where the child might be present, without the father's written consent. The court also made detailed provisions regarding the child's schooling, medical treatment, and the registration of the child's name. Crucially, both parents were restrained from removing the child from Australia, and the child's name was to be placed on the Airport Watch List. The mother was further restrained from removing the child from the father's possession, with the possibility of arrest without warrant if she did so. The independent children's lawyer was to be discharged one month from the date of the orders.