Madden and Smithers (No. 2)

In *Madden and Smithers (No. 2)*, Justice Jordan of the Family Court of Australia considered an application concerning the children S and J. The dispute involved the father's contact with his children, with the court ultimately making orders prohibiting the father from spending time with them.

The primary legal issue before the court was whether to make an order prohibiting the father from spending time with the children, S and J, pursuant to the *Family Law Act 1975* (Cth). The court was also required to consider the particulars of any obligations and consequences arising from such orders, as well as the extension of time for the father to institute an appeal.

Justice Jordan applied sections 65DA(2) and 62B of the *Family Law Act 1975* (Cth) in making the prohibition orders. These sections empower the court to make orders for the protection of a child and to set out the particulars of obligations and consequences of contravention. The court's reasoning, as evidenced by the orders made, indicates a determination that such a prohibition was necessary for the children's welfare.

The court ordered that, until further order, the father be prohibited from spending time with the children. The matter was adjourned for further mention, and the father's time to institute an appeal was extended to 25 March 2008. The orders also included a fact sheet detailing the obligations, consequences of contravention, and assistance available to the parties.