Menzies and Barclay and Anor

In *Menzies and Barclay and Anor*, Cleary J of the Federal Circuit and Family Court of Australia made orders concerning the parenting of three children, A, F, and J. The proceedings involved the mother, Ms Menzies (the applicant), the father (the respondent), and an intervener, Ms Suzzanna, who was seeking sole parental responsibility for J. The dispute centred on the future living arrangements, parental responsibility, and communication between the children and their parents, as well as the protection of the intervener.

The court was required to determine the best interests of the children, A, F, and J, in light of the circumstances presented. Specifically, the court had to decide who should have sole parental responsibility for each child, where each child should live, and the extent of the father's time and communication with each child. Furthermore, the court needed to consider whether to grant an injunction to restrain the father's conduct towards the intervener and J, and to authorise international travel for J with the intervener.

Cleary J applied the principles of the *Family Law Act 1975* (Cth), particularly focusing on the paramountcy of the children's best interests. The reasoning involved a comprehensive assessment of the evidence presented, leading to the discharge of all prior parenting orders. The court determined that the mother should have sole parental responsibility for A and F, with the children to live with her. For J, the intervener was granted sole parental responsibility, and J was ordered to live with her. The father was prohibited from spending time or communicating with A and J, and his communication with F was restricted to situations with the mother's prior written agreement. Crucially, the court issued an injunction under s 68B(1)(b) of the *Family Law Act* restraining the father from various forms of harmful conduct towards the intervener and J, including assault, harassment, intimidation, stalking, and unauthorised contact or approach. The intervener was also authorised to travel internationally with J and to obtain a passport for him without the father's consent.