Smith and Coal

In the matter of Smith and Coal, Benjamin J of the Family Court of Australia made orders concerning the parental responsibility, residence, and surname of two children, N and B. The dispute involved the mother, Ms Smith, and the father, Mr Coal, regarding the future care and upbringing of their children.

The court was required to determine issues of sole parental responsibility, the children's residence, the authorisation for a surname change, the nature and extent of the father's future contact with the children, and the need for protective orders for the mother and children. The court also considered the role and discharge of an Independent Children’s Lawyer.

Benjamin J ordered that Ms Smith have sole parental responsibility for the children and that they live with her. The court authorised Ms Smith to change the children's surname from Coal to Smith. Contact between Mr Coal and the children was reserved and to be as agreed in writing or as otherwise ordered by a court. Crucially, Mr Coal was restrained from approaching or communicating with the children, and protective orders were made against him assaulting, molesting, harassing, stalking, abusing, or otherwise interfering with Ms Smith and the children, including entering or loitering near their residence. These protective orders were noted as attracting the power of arrest without warrant. The appointment of the Independent Children’s Lawyer was discharged.