Lindberg & Scott

In the matter of *Lindberg & Scott*, Justice Cronin of the Family Court of Australia considered a dispute concerning parenting orders for a teenage child. The proceedings involved the mother, MS LINDBERG, and the father, concerning the time the child would spend with each parent. The court was asked to determine whether a parent could relitigate the issue of shared time when a previous order had "reserved" that question, particularly in circumstances where ongoing litigation was adversely affecting the child, who had strong views on the matter.

The court was required to determine the extent to which a prior order reserving the question of time between parents could be revisited, and whether an order under section 118 of the *Family Law Act 1975* (Cth) preventing a parent from having contact with a child also precluded them from accessing justice or information about the child. Furthermore, the court had to consider the impact of constant litigation on a teenage child and the appropriate measures to protect the child's welfare.

Justice Cronin reasoned that the court retained jurisdiction to reconsider parenting arrangements, even if a previous order had reserved the issue of time, especially when the child's welfare was at stake. The court found that the ongoing litigation was having a detrimental effect on the child, justifying a significant alteration of existing orders. The court applied principles of child welfare, noting that a section 118 order, while restrictive, did not prevent a litigant from accessing the courts or seeking justice. The court also considered the child's expressed views.

Consequently, the court made extensive orders discharging all extant parenting orders. The father was granted sole parental responsibility and the child was to live with him. The mother was prohibited from spending any time with the child and was restrained by injunction from harassing or contacting the child, including attending near the child's school or attempting to obtain information about the child through any means, including freedom of information procedures. The court also imposed a restriction on the mother instituting further parenting proceedings without leave and ordered that school reports be provided to the mother with identifying details expunged. The Independent Children's Lawyer was discharged from the proceedings.