Rees & Kickels-Rees

In the matter of *Rees & Kickels-Rees*, the father sought orders concerning the parties' child, including sole parental responsibility and that the child live with him. The mother, who had been caring for the child, was imprisoned following the trial hearing. The father also sought an injunction preventing the mother from instituting further proceedings until she had overcome her alcohol abuse issues and a restraining order against Centacare NT.

The court was required to determine whether it was appropriate to proceed with the father's application given the mother's imprisonment and inability to be served, the legal basis for restraining the mother from future proceedings, and the father's concerns regarding future applications and the evidence required to satisfy a court of the mother's fitness to care for the child. The court also considered the father's application for an injunction preventing Centacare NT from having any input in future proceedings.

Justice Dawe found that it was appropriate to proceed with the father's application, noting that the mother's imprisonment and inability to be served did not prevent the court from dealing with the matter. Regarding the injunction sought against the mother, the court considered section 60CC(3)(j) of the *Family Law Act 1975* (Cth) and determined that exceptional circumstances were required to make such an order. The court was not satisfied that the circumstances warranted placing an injunction on the mother in the terms sought by the father. The court also considered section 118 of the *Family Law Act 1975* (Cth) in relation to the father's request for orders preventing the mother from instituting further proceedings, finding that the orders sought were not within the provisions of that section.

The court ordered that the father have sole parental responsibility for the child and that the child live with him. The proceedings in relation to child support were to be transferred to the Federal Magistrates Court in Darwin. The mother was ordered to sign passport documents for the child, with provision for a Registrar to sign them if not returned within 30 days. The father was permitted to travel overseas with the child for periods not exceeding 30 days, provided he supplied a detailed itinerary to the mother 30 days prior to departure. Certain paragraphs of the father's application were dismissed, and the appointment of the Independent Children's Lawyer was discharged. The court directed that copies of the reasons and orders be sent to the mother in prison and permitted the Independent Children's Lawyer and the father to provide these documents to relevant government departments or agencies.