Marks and Barton

In the matter of Marks and Barton, Bennett J of the Family Court of Australia made orders concerning the parental responsibility and living arrangements for two children, B and C. The proceedings appear to have been conducted on an undefended basis, with previous orders being discharged.

The court was required to determine the primary caregiver for the children, their living arrangements, and the nature and extent of the father's future involvement with them. Additionally, the court needed to address the mother's ability to relocate the children and the process for obtaining assessments for the children by the Child and Adolescent Mental Health Service, including the provision of specific documents for that purpose. The court also considered the communication and notification obligations between the parents.

Bennett J ordered that the mother have sole parental responsibility for the children and that they live with her. The mother was permitted to relocate the children to the Melbourne area. The father's time with the children was to commence with supervised contact at a centre for three months, with future contact to be agreed in writing thereafter, contingent on a positive report. The father was also to communicate with the children by letter and send gifts for special occasions. The court directed the mother to facilitate the children's assessment by the Child and Adolescent Mental Health Service, providing a list of specified documents for the assessment. The appointment of an independent children's lawyer was discharged. The court reserved the publication of its reasons for decision.