Lilley & Hayfield (No 2)

In the matter of *Lilley & Hayfield (No 2)*, Bennett J of the Family Court of Australia considered applications concerning the parental responsibility for a child, J, born in January 2006. The dispute arose in the context of ongoing family law proceedings, with the court's orders indicating a need to address the child's welfare and the parents' ability to co-parent.

The central legal issues before the court were the appropriate arrangements for the child's parental responsibility and the management of existing applications within the proceedings. The court was required to determine whether to suspend certain prior orders and how to deal with the current applications, particularly given the circumstances of one of the parties.

Bennett J ordered that the wife have sole parental responsibility for the child J until further order. The court also suspended the operation of specific paragraphs of a previous order made on 17 February 2012, and struck out all current applications with a right of reinstatement within 12 months. Liberty was granted to the parties and the independent children's lawyer to approach Registrars to reinstate applications, with a possibility of listing the matter before Bennett J for directions. The court further directed that a sealed copy of the order and reasons be sent to the hospital where the husband was an inpatient, to ensure the husband was made aware of the proceedings and the court's directions, in accordance with Rule 7.09(2) of the Family Law Rules. In the event no party reinstated any part of the proceedings within 12 months, all applications would be dismissed, and the order appointing an independent children's lawyer discharged. The costs of the independent children's lawyer and the wife were reserved. The court also directed that a Fact Sheet detailing the obligations and consequences of contravening the orders be attached to the orders and included within them.