McDermott and Allsop

This matter concerned the parental responsibility and living arrangements for three children, X, Y, and Z, born in 2004, 2007, and 2008 respectively. The proceedings were before Judge Altobelli in the Federal Circuit Court of Australia. The Minister for Family and Community Services of NSW, referred to as "the Secretary," was exercising parental responsibility for the children.

The court was required to determine the specific terms under which the Secretary would exercise parental responsibility, including notification requirements to the parents regarding proposed changes to the children's living arrangements and the exercise of parental responsibility. Furthermore, the court needed to establish the nature and frequency of time the children would spend with their father, the conditions under which such time could be supervised or terminated, and the mechanisms for communication between the children and their parents. The court also had to consider the children's Aboriginal culture and the parents' obligations and restrictions in relation to the children.

In its reasoning, the court applied principles from the *Family Law Act 1975* (Cth), particularly sections concerning parental responsibility, the best interests of the child, and the rights of children to enjoy their culture. The court ordered that the Secretary must have regard to the children's Aboriginal culture and provide written notification to each parent of any proposed changes to parental responsibility or living arrangements within 28 days. Specific provisions were made for the child Z to spend time with the father, initially supervised, with detailed arrangements for the frequency and duration of these visits. The court also outlined conditions under which such time could be terminated or suspended, including parental intoxication, physical discipline, or behaviour posing a risk to the children. Provisions were also made for the children to spend time with each other and to communicate with both parents, with the Secretary facilitating this communication. The parents were restrained from communicating with or spending time with the children outside of the court's orders and were prohibited from approaching the children's residence or school without prior authorisation. Additionally, parents were restrained from speaking negatively about each other or discussing the proceedings in the presence of the children.

The court made various orders to facilitate compliance, including requiring parents to keep the Minister informed of their contact details and granting leave for the Secretary to furnish the Family Report to professionals involved in the children's care. The court also noted that the Independent Children's Lawyer would be discharged upon the expiration of any applicable appeal period, and all outstanding applications were dismissed. Notations indicated the Secretary's proposal for supervised time between the father and Z, and the intention to arrange counselling for X and Y with a view to initiating supervised contact with their father.