Seaward and MacDuff

This matter concerned parenting orders for three children, B, J, and Z, involving the mother and the father. The Independent Children’s Lawyer (ICL) sought orders that were largely consented to by the parties, with certain provisions determined by the court.

The court was required to determine the specific terms of parenting orders, including the children's living arrangements, the father's time with the children, communication arrangements, and conditions to be imposed on both parents. The court also had to consider the implications of these orders in relation to any existing family violence orders and the consequences of contravening the new orders.

Rees J made orders discharging previous parenting orders and establishing new arrangements. The children were to live with the mother, and pending further order, the children J and Z were to spend supervised time with the father through a contact agency. The father was to bear all costs associated with the contact agency. The child B's time and communication with the father were to be in accordance with her wishes, with the option to participate in the supervised time arrangements for J and Z if she chose. Both parents were subject to various restraints, including prohibitions on denigrating each other, physically disciplining the children, or discussing the proceedings with them. The father's time with the children was to be suspended in the event of breaches of certain conditions. The court also noted that the orders were made by consent in part, with specific provisions determined by the judge.