SOMERS & SOMERS

In the matter of SOMERS & SOMERS, Bennett J of the Family Court of Australia made orders concerning the child B, born in 2009. The proceedings involved disputes between the husband and wife regarding the child's welfare and living arrangements.

The court was required to determine a range of issues including the child's living arrangements, parental responsibility for various aspects of the child's life, and the terms of contact and communication between the wife and the child. The court also considered the interaction of its orders with existing intervention orders and the need for protective measures for the child and husband.

Bennett J ordered that the child live with the husband and that the husband have sole parental responsibility for the child's health, education, overseas travel, and passport issuance. Equal shared parental responsibility was retained for the child's name and significant changes to her residence. The court discharged most previous orders and injunctions concerning the child, save for placing her on a watch list. Crucially, the wife was restrained from removing the child from the husband's care and from contacting the child, attending her school or extracurricular activities, or engaging in surveillance or social media commentary related to the proceedings. These injunctions were made for the personal protection of the husband and child, with provisions for arrest upon reasonable suspicion of breach. The court also directed that its orders take precedence over any inconsistent intervention orders.

Further hearings were scheduled to determine the time the child would spend with the wife and the nature of their communication. To inform these decisions, the court ordered a parent and issues assessment by a family consultant, with specific directions for the parents' attendance and the consultant's role. The court also requested the independent children's lawyer remain appointed and directed both parents to file applications and supporting affidavits detailing their proposed orders for time and communication. The application for alteration of final property interests was adjourned for judgment.