MAGEE & KENNEDY

In *Magee & Kennedy*, the proceedings concerned allegations of child abuse and family violence. The eldest child alleged sexual abuse by the father, while the mother alleged sexual interference with the eldest child by half-siblings and violence by the father against the mother and children. These allegations remained untested as the father withdrew from the proceedings, leading to an undefended hearing before Austin J.

The court was required to determine issues relating to parental responsibility and the living arrangements for the children. Specifically, the court had to consider the implications of the father's non-compliance with previous consent orders for supervised time with the children, his withdrawal from their lives over the preceding three years, and the complete absence of parental concord between the estranged parties.

Austin J reasoned that given the father's withdrawal and the lack of parental agreement, it was appropriate to discharge all former parenting orders. The court allocated sole parental responsibility to the mother and ordered that the children live with her. Further orders were made to restrain denigration of either parent, regulate the children's use of familial terms, maintain the children's surname, and restrict the father's access to the children's schools. The mother was directed to provide school reports and photographs to the father at his expense. The court also made orders regarding communication between the parties concerning the children's welfare and medical treatment. The Independent Children's Lawyer was discharged, and costs were reserved.