Ostler and Feeney

This matter concerned an application by the mother, Ms Ostler, for sole parental responsibility for her three children, X, Y, and Z. The father, Mr Feeney, was the respondent. The court was required to make orders regarding the children's living arrangements, time spent with each parent, and communication between the parents and children.

The primary legal issues before the court were the determination of parental responsibility, the establishment of living arrangements for the children, and the terms under which the father would spend time with and communicate with the children. The court also had to consider orders to ensure the safety and welfare of the children and the mother, including restraining orders against the father. Further issues included the release of the children's passports and permission for the mother to travel internationally with the children.

Judge Baker ordered that the mother have sole parental responsibility for X, Y, and Z, and that the children live with her. The father was restrained from initiating contact with X, with X to spend time and communicate with the father solely at X's initiation. For Y and Z, time spent with the father was to be supervised by the Hobart Children’s Contact Centre, subject to the father completing necessary preliminary steps. The father was also restrained from initiating contact with Y and Z otherwise. Significant restraining orders were made against the father, prohibiting him from approaching within specified distances of the mother and children's homes, schools, and other locations. The court also made orders regarding communication between the parties, the provision of school reports, and the release of the children's passports to the mother, who was permitted to travel internationally with them under specific notice requirements.