McConaghy and Brace and Anor

In the matter of *McConaghy and Brace and Anor*, Justice Dawe of the Federal Circuit Court of Australia made orders concerning the parental responsibility and living arrangements for three children: D McConaghy, E McConaghy, and J Brace. The dispute involved the parents of D and E, and the maternal aunt of J.

The court was required to determine issues relating to the children's welfare, including who should have parental responsibility, where the children should live, and the extent of any contact or communication between the father and his children D and E. Further, the court had to consider the appropriate arrangements for discussing the parentage of J with her, and the ongoing communication between the father and the maternal aunt regarding J's welfare.

Justice Dawe ordered that the mother, Ms X Brace, have sole parental responsibility for D and E, with the children to live with her. All existing orders for the father to spend time with or communicate with D and E were discharged. The maternal aunt, Ms Y Brace, was granted sole parental responsibility for J, with J to live with her. The court also made specific orders regarding the father's access to information about D's academic progress and health, and imposed an injunction restraining all parties from discussing J's parentage in her presence or the presence of D and E, until a therapist or counsellor deemed it appropriate. The maternal aunt was directed to identify a suitable therapist within three months to assess how and when J's parentage should be discussed with her, with the costs of this assessment to be shared equally between the mother and father. The maternal aunt was also ordered to keep the father informed annually in writing about J's academic progress, health, and interests.