Pitman and Hynes and Anor (No. 2)

In *Pitman and Hynes and Anor (No. 2)*, Baumann J of the Family Court of Australia considered orders concerning the children X and Y, born in 2003 and 2004 respectively. The dispute involved the living arrangements and communication between the children and their mother, following existing child welfare orders made by the Children’s Court of Queensland.

The court was required to determine the terms of future living arrangements for the children, the extent and nature of their contact with the mother, and the allocation of parental responsibility. Specifically, the court had to decide whether the children should live with the father, the conditions under which they could communicate with the mother, and whether any restrictions should be placed on the mother's contact with the children. The court also considered the issue of sole parental responsibility for major long-term issues.

Baumann J ordered that commencing upon the expiry of the current child welfare orders, the children would live with the father in the D Town area and spend no physical time with the mother. Communication was to be initiated by the children via telephone, with the father facilitating this by providing the mother's number and ensuring caller ID was disabled. The father was also to encourage communication on significant dates, and all calls were to be unrecorded. The parents were prohibited from discussing the proceedings or adult conflicts in the children's presence. Crucially, pursuant to s 68B of the *Family Law Act 1975*, an injunction was issued restraining the mother from approaching the children in any setting, including their residence, school, and public places, for their welfare. The father was granted sole parental responsibility for major long-term issues. The proceedings were subsequently transferred to the Family Court of Australia Sydney Registry.