Miller and Brass

In the matter of *Miller and Brass*, Bell J considered the living arrangements and future contact between a child and her parents. The dispute concerned the care and welfare of the child, with orders being made regarding her residence, parental responsibilities, and communication.

The court was required to determine the primary residence of the child, the extent of each parent's responsibility for her care and development, and the nature and conditions of any future contact between the child and her father. Further issues included the child's ongoing counselling, the role of professionals involved in her care, and the communication protocols between the parents and the child. The court also addressed restrictions on parental conduct, such as denigration of the other parent and disclosure of proceedings to the child, as well as provisions for the father's access to school information and the mother's obligation to inform the father of medical matters.

Bell J ordered that the child live with the mother, who was to have sole responsibility for her day-to-day and long-term care. The court mandated ongoing counselling for the child, with recommendations to be provided by psychologists and the Independent Children’s Lawyer. The father's time with the child was suspended, and communication between them was to be facilitated through the Independent Children’s Lawyer. The judgment also imposed significant restraints on both parents, including prohibitions against denigrating each other in the child's presence, discussing the proceedings with the child, and taking the child to professionals regarding abuse allegations without court or departmental direction. The father was granted the right to receive school reports, and both parents were ordered to keep each other informed of contact details and to provide notice before removing the child from South Australia.