Rush and McFadzean (No. 2)

In the matter of *Rush and McFadzean (No. 2)*, Watts J of the Family Court of Australia considered the arrangements for a child born in September 1999, following previous orders made in November 2003. The dispute concerned the living arrangements for the child, the extent of contact the father should have, parental responsibility, and the mother's ability to relocate.

The court was required to determine the primary residence of the child, the conditions and limitations on the father's time with the child, the allocation of parental responsibility, and whether the mother should be permitted to relocate within Australia or internationally. Additionally, the court had to consider the issuance of passports for the child and the father's proximity to the child's locations. The court also addressed the granting of certificates under section 128 of the *Evidence Act 1995* (Cth) concerning evidence given by the father and another individual.

Watts J ordered that the child live with the mother, with the father to spend limited, supervised time with the child for two hours once every six months at a child contact centre. Strict conditions were imposed on this contact, including assessment, compliance with centre rules, and shared payment of fees. The father was permitted written communication with the child on specific occasions, subject to content restrictions designed to protect the child and avoid blaming the mother. The mother was granted sole parental responsibility and liberty to relocate anywhere within Australia, provided she notified the father of her new address and ensured a suitable contact facility was available. The mother was also permitted to remove the child from Australia without the father's consent for non-permanent stays, provided she could still fulfil her contact obligations. The father was restrained from approaching within 100 metres of the mother's residence, the child's school, or sporting/cultural venues. Finally, certificates under section 128 of the *Evidence Act 1995* (Cth) were granted to the father and Mr W regarding specific evidence given during the proceedings.