Seldon and Denny and Anor

In the matter of Seldon and Denny and Anor, Justice Ryan of the Family Court of Australia considered the welfare of a child, J, born in December 2007. The proceedings involved the child's mother (the applicant), the child's father (the respondent), and the New South Wales Minister for Community Services, who intervened in the proceedings. The core dispute concerned the appropriate parenting arrangements for the child, given the circumstances that led to the intervention of the Minister.

The court was required to determine the extent of parental responsibility to be allocated to each parent, the nature and frequency of any time the child would spend with the parents, and the conditions under which such time would occur. Further, the court had to consider measures to protect the child from potential harm or negative influence from the parents, including provisions for supervision and restrictions on derogatory commentary. The court also had to address the Minister's role in the child's ongoing care and the process for any proposed changes to the child's foster placement.

Justice Ryan ordered the discharge of all prior orders made under the Family Law Act 1975 concerning the child. The court vested sole parental responsibility for the child in the New South Wales Minister for Community Services until the child attained the age of 18 years. The child was ordered to spend supervised time with both the mother and the father, with specific provisions for the frequency, duration, and location of these visits, and the power for supervisors to suspend visits if parents appeared drug-affected or failed to follow directions. The parents were also restrained from speaking about each other, their families, or foster carers in a derogatory manner in the child's hearing. The Minister was required to provide notice to the parents of any proposed changes to the child's foster family. The court also made orders regarding the dissemination of the single expert's report and the inclusion of a fact sheet detailing the obligations and consequences of contravening the orders. All other outstanding applications were dismissed.