Saget and Samol

In Saget and Samol, Baumann J considered parenting orders concerning a child born in 2009. The applicants sought orders for the child to live with them and for them to have sole parental responsibility. The mother was the respondent.

The court was required to determine the living arrangements for the child, the allocation of parental responsibility, the terms upon which the child might spend time with the mother, and whether the child should be permitted to travel internationally. Additionally, the court considered provisions for the publication of court documents and the discharge of the Independent Children’s Lawyer.

Baumann J ordered that all prior parenting orders be discharged. The child was to live with the applicants, who were granted sole parental responsibility. The child was to spend time with the mother at all reasonable times as agreed, subject to the mother providing a report from her treating health professional confirming compliance with mental health treatment, stability of her condition, and that she posed no risk to the child. Such time was to be supervised by an agreed person or, failing agreement, a professional service nominated by the applicants. The mother was restrained from attending the child’s school or speaking to the child’s teacher, and the child was not to be physically disciplined. The court also made orders permitting international travel for the child and the issuance of a new passport notwithstanding the lack of parental consent, and granted liberty to publish the orders and an affidavit to specific agencies and the child’s school. The Independent Children’s Lawyer was discharged.