Smythe & Leopold (No. 2)

In *Smythe & Leopold (No. 2)*, Benjamin J of the Family Court of Australia considered parenting orders concerning a child born in January 2006. The dispute involved the father, Mr Smythe, and the mother, Ms Leopold, regarding the child's upbringing and welfare.

The court was required to determine the extent of parental responsibility for the child, including decision-making regarding long-term major issues, and to establish the living arrangements for the child. Further issues included the nature and supervision of the mother's time with the child, communication between the child and her siblings, and restrictions on the mother regarding medical treatment and the child's schooling. The court also had to address the sensitive matter of allegations of sexual abuse and the child's potential Aboriginality.

Benjamin J ordered that previous parenting orders be discharged. The father was granted sole and exclusive parental responsibility, with specific obligations to inform and consult the mother on long-term major decisions, and to genuinely consider her views, providing explanations for any rejections. The child was to live with the father, and the mother was to have supervised time with the child as agreed or ordered. The father was also directed to promote the child's relationship with her siblings and to facilitate telephone communication. The mother was restrained from presenting the child for medical care without the father's permission, except in emergencies, and was prohibited from removing the child from school without consent or court direction. Crucially, neither parent was permitted to discuss allegations of sexual abuse with the child unless directed by a medical or mental health practitioner. The father was ordered to provide relevant documents to the child's medical practitioner to facilitate appropriate support programs for the child.