Orwell and Watson

In the matter of Orwell and Watson, Dessau J of the Family Court of Australia made orders concerning the parental responsibility and time spent with the child J, born in August 2001. The dispute centred on the arrangements for the child following separation of the parents.

The court was required to determine the appropriate orders for sole parental responsibility, the child's residence, the father's time with the child, and the conditions under which such contact should occur. Further issues included the extent to which the father could communicate with the child, his involvement in the child's schooling, and the supervision of all contact. The court also considered the need for ongoing supervision by a Family Consultant and the prohibition of direct communication between the parents.

Dessau J ordered that the mother have sole parental responsibility and that the child live with her. The father's time with the child was significantly restricted and made subject to strict supervision by an independent professional supervisor, with the father bearing all costs. The father was also restrained from communicating with the child except through approved gifts given in the presence of the supervisor. The court further ordered that the father be permitted to attend parent-teacher meetings under specific conditions and receive school materials at his expense. Pursuant to s 65L of the *Family Law Act 1975*, a Family Consultant was appointed to supervise the selection of supervisors for three years. Both parents were restrained from denigrating each other, discussing proceedings with the child, communicating directly, or removing the child from Australia.

The court ordered that the Independent Children's Lawyer be discharged, existing applications dismissed, and the case removed from the list. The particulars of the obligations and consequences of contravening the orders were set out in an attached Fact Sheet. The court also made orders regarding costs, including the father paying the wife's costs thrown away on a specific date.