Richmond and Kerry

In the matter of *Richmond and Kerry*, heard before Judge Middleton, the proceedings concerned the living arrangements and parental responsibility for five children. The dispute involved the mother and the father, with the Department of Family and Community Service NSW also being a party of interest.

The court was required to determine whether to grant leave for the Department of Family and Community Service NSW to intervene in the proceedings and to make orders regarding the children's residence, parental responsibility, and contact with the father. Additionally, the court needed to consider the engagement of the mother with the organisation Brighter Futures and the potential for the Minister to assume parental responsibility and determine the children's residence.

Judge Middleton applied section 91B of the *Family Law Act 1975* to grant the Department leave to inspect the court file and subpoenaed material. The court requested the Department to advise within 14 days whether they intended to intervene, with further orders to be made in chambers if intervention was intended, including formally joining the Department as a party, granting photocopy access at the Court's expense, and relisting the proceedings for case management. The court ordered that the children live with the mother and that she have sole parental responsibility. The children were to have no time with the father. The mother was also directed to engage with Brighter Futures and follow their recommendations. The Independent Children’s Lawyer was to serve the Department with a copy of the Reasons for Judgment. The matter was adjourned for further directions, with the court noting that if the Department intervened, orders would be made for the Minister to have sole parental responsibility and determine where the children live.