Shepherd and Billett

This matter concerned an application before Murphy J of the Family Court of Australia, involving Mr Shepherd (the Father) and Ms Billett (the Mother) concerning their child, N. The proceedings involved variations to existing court orders, including the discharge of certain orders related to the children L and N, and the discharge of another order in its entirety. A significant aspect of the case was the issuance of a publication order and a further recovery order for the child N, whose whereabouts were unknown.

The court was required to determine whether to grant permission for the publication of a notice or report concerning the proceedings, and if so, the extent of information that could be published. Additionally, the court needed to consider variations to a previous recovery order, specifically concerning the delivery of the child upon recovery. The court also addressed the issue of parental responsibility, considering whether the presumption of equal shared parental responsibility should be rebutted and what orders, if any, should be made regarding the child's living arrangements and education.

Murphy J, by consent, varied existing orders and issued a publication order permitting the dissemination of specific details about the child N, the parents, and the fact that a recovery order had been issued but not yet executed, with a request for information regarding the child's whereabouts to be directed to the Australian Federal Police. The court also varied a recovery order to specify the process for delivering the child upon recovery, requiring notification of the Department of Child Safety. Furthermore, the court rebutted the presumption of equal shared parental responsibility, restraining both parents from determining the child's living arrangements or providing education without written agreement or further court order, mandating full-time attendance at a school. Applications for costs by the Independent Children's Lawyer and the Father were dismissed.