Smale and Smale

In the matter of *Smale and Smale*, heard by Judge McNab, the dispute concerned parenting orders for a child named Z. The orders indicate a significant divergence between the parents regarding the child's upbringing and contact.

The court was required to determine the appropriate parenting arrangements for Z, including issues of parental responsibility, living arrangements, and the extent of contact between the child and the father. A key legal issue was the father's future ability to make applications concerning the child under Part VII of the *Family Law Act 1975* (Cth).

Judge McNab ordered that the mother have sole parental responsibility for Z, with the child to live with her. Crucially, the father was ordered to have no time with the child, though he was permitted to send cards and gifts for birthdays and Christmas, with communication to be directed through the mother. The mother was also ordered to provide the father with school reports and photographs annually. Furthermore, pursuant to section 64B(2)(g) of the Act, the father was restrained from making future applications under Part VII without first obtaining leave from a Judge of the Federal Circuit Court, requiring a specific application process. The appointment of the Independent Children’s Lawyer was discharged, and all extant applications were dismissed.