Pitman & Hynes (No 2)

In this matter, the mother, Ms Pitman, sought parenting orders in relation to her two children, X and Y. The father, Mr Hynes, and the Independent Children’s Lawyer ("ICL") sought the summary dismissal of the mother’s parenting application under s 46 of the Federal Circuit and Family Court of Australia Act 2021 (Cth). The court was required to determine whether the mother had reasonable prospects of success in her application for parenting orders. The court also had to consider whether the existing interim parenting orders should be made final orders for the balance of the younger child’s minority.

The court considered the lengthy and complex history of the case, the ages of the children, and the views of the children as expressed to the ICL and the Senior Family Consultant. The court was satisfied that the children had consistently expressed the view that they did not wish to have contact with their mother, and this was reinforced by the evidence of the Senior Family Consultant. The court also noted that the mother had not engaged in the preparation for a final hearing, and had instead focused on making allegations of contempt against the father. The court concluded that the mother had no reasonable prospects of success in her application for parenting orders. The court also found that the existing interim parenting orders should be made final orders for the balance of the younger child’s minority. The court dismissed the mother’s application for parenting orders and made the existing interim parenting orders final in relation to the younger child. The court also dismissed all outstanding interim applications filed by the mother in these proceedings. The role of the ICL was discharged, subject to any impact of the mother’s outstanding contempt applications on the younger child.