Robles and Causey

In *Robles and Causey*, heard by Judge A Kelly, the court was required to determine parenting orders concerning two children, [X] and [Y]. The dispute involved the applicant father and the respondent mother, with the court ultimately making significant orders regarding the children's living arrangements, time spent with each parent, and communication.

The central legal issues before the court were the appropriate parenting arrangements for the children, including who should have sole parental responsibility, where the children should live, the extent of contact with the father, and the conditions under which any future applications for parenting orders by the father might be made. The court also considered the need for independent representation for the children and the application of specific provisions of the *Family Law Act 1975* (Cth), including those relating to family violence and cross-examination of parties.

The court's reasoning led to orders discharging all previous parenting arrangements. The respondent mother was granted sole parental responsibility, and the children were ordered to live with her, with no time to be spent with the applicant father. Communication between the children and the father was to be in accordance with the children's wishes, with a specific provision allowing the father to telephone one child twice a week. Crucially, any future application by the father for parenting orders was made contingent upon him providing substantial evidence of his current health, including a six-month clear hair follicle test for illicit substances, a supporting letter from a drug and alcohol counselling service, a current psychiatric assessment, and certificates of completion for post-separation and parenting skills courses. The respondent mother was also ordered to complete similar courses. The court further ordered independent representation for the children pursuant to s.68L(2) of the *Family Law Act 1975* (Cth) and directed the applicant father to take steps to secure legal representation under the Commonwealth Family Violence and Cross Examination of Parties Scheme, as s.102NA of the Act applied.