Shearer and Amhurst

In *Shearer and Amhurst*, heard by Judge Obradovic, the court considered a dispute concerning parenting orders for two children, X and Y. The proceedings involved the mother and the father, with the court ultimately making significant orders regarding the children's living arrangements, the father's contact with them, and the mother's ability to change the children's surname.

The primary legal issues before the court were the extent of the father's future contact with the children and the mother, and whether the mother should be permitted to change the children's surname. The court was required to determine appropriate orders for the children's welfare and safety, considering the existing orders which granted the mother sole parental responsibility and stipulated that the children live with her.

Judge Obradovic reasoned that the father should be entirely restrained from spending time with, communicating with, or attempting to communicate with the children or the mother, including through third parties. This was underpinned by section 68B of the *Family Law Act 1975*, which allows for restraining orders to protect a person or child. The court also ordered that the father be prohibited from attending within 100 metres of the mother's or children's residences or the children's educational institutions. Notwithstanding these stringent restrictions, the court ordered that the mother provide the father with photographs and brief updates on the children's health, welfare, and education every six months. Furthermore, the court permitted the mother to hyphenate the children's surname with her own, Shearer. The court also included standard provisions regarding the consequences of contravening the orders and the prohibition of denigration of either parent.