NEWTON & HENZEL

In the matter of NEWTON & HENZEL, heard before Macmillan J, the dispute concerned parenting orders for the children of the marriage. The mother sought specific orders regarding parental responsibility, time spent with, and communication with the father, as well as authorisations for name changes and school enrolments. The father had filed an initiating application which the mother sought to have dismissed.

The court was required to determine whether to grant the mother leave to proceed on an undefended basis, whether to dismiss the father's initiating application, and what final parenting orders should be made concerning the children's time with and communication with the father, their parental responsibility, and the ability to change their names and enrol them in school under a different name. The court also considered the role and discharge of the Independent Children's Lawyer.

Macmillan J reasoned that the orders made were in the best interests of the children, particularly in light of the father's absence and the need for finality. The court granted the mother leave to proceed undefended and dismissed the father's application. The mother was awarded sole parental responsibility for the children, and orders were made that the children spend no time with and communicate with the father. The mother was authorised to change the children's names and enrol them in school under a different name without the father's consent. The appointment of the Independent Children's Lawyer was discharged, and all other extant applications were dismissed.