MAHLEE & MAHLEE

In the matter of *Mahlee & Mahlee*, Baumann J of the Family Court of Australia considered an application concerning the welfare of a child, X, born in 2002. The dispute involved the terms of contact between the mother and the child, who was receiving hospital treatment. The father held sole parental responsibility for the child.

The court was required to determine the conditions under which the mother could spend time with the child, balancing the child's medical needs and treatment with the mother's desire for contact. A further issue was the extent to which the father, as the parent with sole responsibility, should authorise the disclosure of medical information to the mother. The court also considered the role of the Independent Children's Lawyer and the management of the proceedings.

Baumann J ordered that the mother be permitted to spend two hours per day with the child, subject to strict conditions. These included all visits being supervised, commencing at times determined by hospital medical staff, and the mother immediately complying with any direction from hospital staff to cease the visit. The mother was permitted to hold the child's hand but was prohibited from any other physical contact or the use of alternative healing strategies. The father was ordered to authorise the hospital and treating health professionals to provide the mother with information they deemed appropriate for a parent to receive. The Independent Children's Lawyer was granted leave to provide a copy of the oral reasons for judgment to Mr C and the hospital. The proceedings were removed from the Magellan list pathway, and the Independent Children's Lawyer was granted liberty to apply urgently regarding the child's residence upon discharge from hospital. The proceedings were adjourned for a case management hearing.