Rawlins and South

This matter concerned an appeal from an order of the Federal Magistrates Court concerning the living arrangements and contact arrangements for two children, J and B. The appeal was brought by the father, Rawlins, against the mother, South.

The court was required to determine the best interests of the children, J and B, in light of concerns raised regarding the father's contact with them and the mental health of J. Specifically, the court had to consider the appropriate living arrangements for the children, the nature and extent of supervised contact the father should have, and the urgent need for J to receive psychiatric assessment and treatment. The court also had to address the communication between the parents and the children, and the conduct of the parents in relation to each other and the children.

Moore J discharged the previous order of the Federal Magistrates Court and made new orders. The children were to live with their mother. The father was to have supervised time with the children at a supervision centre, with specific provisions for Saturdays, Christmas, and birthdays. Both parents were ordered to share the costs associated with the supervision centre and to ensure the children's enrolment. The father was restrained from spending any time with the children other than as ordered. The mother was to facilitate telephone communication for J, and the father was to initiate telephone calls to B twice weekly. Crucially, both parents were ordered to ensure J attended a privately funded child psychiatrist urgently, given his suicidal ideations, and to share the costs of this assessment and any recommended treatment. The court also imposed injunctions restraining both parents from discussing sensitive matters with the children or denigrating the other parent in their presence. Further orders addressed the supervision of the children when in the care of Mr D and the role of the Independent Children's Lawyer in informing the children of the changes and liaising with relevant authorities.