Sitwell and Sitwell

This matter concerned parenting orders made by Benjamin J in the Family Court of Australia. The proceedings involved Ms A Sitwell, the maternal grandmother, and Ms B Sitwell, the mother, concerning their child, X. The dispute centred on the future care arrangements and contact between the mother and the child.

The court was required to determine the appropriate parenting orders for the child, including who should have parental responsibility, where the child should live, and the nature and extent of contact between the child and the mother. Additionally, the court needed to consider and make orders regarding communication between the mother and child, and to address injunctions to protect the child from inappropriate discussions and contact with a third party, Mr E. The court also had to consider the role of the Independent Children's Lawyer and the dissemination of the court's orders and related documents.

Benjamin J discharged all previous parenting orders and, by consent, ordered that the maternal grandmother have sole parental responsibility for the child, including sole responsibility for passport applications. The child was to live with the maternal grandmother. The court made detailed orders for supervised time between the mother and child, to occur on specific weekends and holidays until December 2019, with future arrangements to be agreed by the child. Communication by telephone was also prescribed, with a gradual transition to arrangements agreed by the child after January 2020. Injunctions were imposed on both the mother and maternal grandmother, restraining them from discussing the proceedings with the child, questioning the child about the other household, or denigrating each other or their families. The mother was also restrained from approaching the child at school or home without the child's express consent. The court also ordered the mother to deliver the child's passport to the maternal grandmother if located, and permitted the maternal grandmother to authorise the child's travel outside the Commonwealth with prior notice to the mother. The mother was restrained from making complaints to professional organisations regarding the Independent Children's Lawyer without leave of the court. The appointment of the Independent Children's Lawyer was to be discharged after twenty-eight days.