MCALLISTER & NADEN

In the matter of *McAllister & Naden*, heard by Judge Curtain, the dispute concerned parenting orders for two children born in 2007 and 2008. The mother sought orders that she have sole parental responsibility for the children, that the children live with her, and that she be at liberty to change their surnames and the middle name of one child. Crucially, the mother also sought orders for no time with or communication with the father.

The court was required to determine whether it was in the best interests of the children for the mother to have sole parental responsibility, for the children to live with the mother, and for there to be no orders for time or communication with the father. Further issues included the mother's liberty to obtain passports for the children without the father's signature and her liberty to change the children's surnames and one child's middle name. The court also considered the discharge of prior parenting orders and the Independent Children's Lawyer.

Judge Curtain's reasoning focused on the father's history of abusing illegal drugs and alcohol, and the mother and children being victims of his family violence. The court found there was no reliable evidence that the father had changed or that the children would be safe in his care or benefit from a relationship with him. Consequently, the court ordered that all prior parenting orders be discharged. By consent, the mother was granted sole parental responsibility and the children were ordered to live with her. The court further ordered that the mother be at liberty to obtain passports for the children without the father's signature, to change their surnames from McAllister to Naden, and to change the middle name of one child. There were to be no orders for time with or communication with the father, and all other applications were dismissed. The Independent Children's Lawyer appointment was discharged.