Neligan and Lassey

This matter concerned parenting orders made by Cleary J in the Federal Circuit and Family Court of Australia. The dispute involved the father, Mr Neligan, and the mother, Ms Lassey, regarding the future care and contact arrangements for their two children, D and C.

The court was required to determine the most appropriate parenting arrangements for the children, including issues of parental responsibility, living arrangements, and the nature and extent of contact between the children and the mother. Additionally, the court had to consider orders to protect the children from contact with a third party, Mr K, and to ensure the safety and well-being of the children in light of the circumstances.

Cleary J discharged all prior parenting orders and made new orders granting the father sole parental responsibility and ordering that the children live with him. Contact between the children and the mother was significantly restricted, to occur on not less than four occasions per year at a professional Contact Centre, with specific provisions for notification, agreement, and cost-sharing. The court also made orders restraining both the mother from bringing the children into contact with Mr K and Mr K from making contact with the children or attending their school, noting these injunctions were for the personal protection of the children and could lead to arrest without warrant upon contravention. The court also stipulated communication protocols, including weekly telephone calls for the mother and specific provisions for special occasions, with limitations on telephone contact if the mother failed to make calls on two consecutive occasions. The Independent Children’s Lawyer was directed to provide copies of the orders to relevant government departments and to Mr K. The father was ordered to keep the mother informed of the children's schooling and health, and to provide schools with a copy of the orders. The orders incorporated a Fact Sheet detailing obligations, consequences of contravention, and available assistance.