Park & Anor and Wilson

In the Family Court of Australia, Benjamin J made orders concerning the parental responsibility and living arrangements for a child, B Park, born in 2006. The proceedings involved the child's mother, Ms Park, her associate Ms Shaw (the second applicant), and the child's father, Mr Wilson. The mother was in gaol at the time of the orders.

The court was required to determine the interim arrangements for the child's care and the extent of the father's involvement. Key issues included the allocation of parental responsibility between the mother and Ms Shaw during the mother's incarceration, the child's residence, and the restrictions to be placed on the father's contact with the child and access to the child's residence and school. The court also considered the need for independent representation for the child and the potential intervention of the Department of Human Services Tasmania.

Benjamin J ordered that while the mother was in gaol, both she and Ms Shaw would have parental responsibility for the child, with Ms Shaw required to consult the mother and provide advance notice where possible when exercising this responsibility. The child was to live with Ms Shaw during the mother's incarceration, and with the mother otherwise. The father was restrained from entering the child's place of residence or school and from approaching, taking, or caring for the child pending further order or agreement. The court also declared that the presumption under s 61DA(2) or (3) of the Family Law Act 1975 did not apply at that stage. The court further directed that an Independent Children's Lawyer be appointed and that the Secretary of the Department of Human Services Tasmania be requested to intervene. The proceedings were adjourned for mention, with leave granted for parties to attend by telephone.