Smale and Chamley

In the matter of *Smale and Chamley*, heard by Judge McNab, the dispute concerned parenting orders for two children. The father sought orders for the children to live with him and for him to have equal shared parental responsibility. The mother sought sole parental responsibility for the children and for them to live with her, with no time spent with the father.

The court was required to determine the best interests of the children in accordance with the *Family Law Act 1975* (Cth). Specifically, the court had to consider whether to discharge existing parenting orders, the appropriate living arrangements for the children, the extent of parental responsibility each parent should have, and whether any time should be spent between the children and the father. The court also had to consider the father's application for specific orders regarding communication and the mother's application for restraint on future applications by the father.

Judge McNab ordered the discharge of all previous parenting orders. The mother was granted sole parental responsibility, and the children were to live with her. The father was to spend no time with the children, though he was permitted to send cards and gifts for birthdays and Christmas, to be sent to an address nominated by the mother. The mother was ordered to send the children's school reports and photographs to the father annually. Crucially, pursuant to section 64B(2)(g) of the Act, the father was restrained from making any future applications under Part VII of the Act without first obtaining leave of a Judge of the Federal Circuit Court of Australia, following a specific application process. The appointment of the Independent Children’s Lawyer was discharged, and all extant applications were dismissed.