SPEDDING & KEMPSON

This matter concerned an application by the father, SPEDDING, for further orders in relation to his children, B and C, against the mother, KEMPSON. The application sought to discharge existing orders made by the Local Court of New South Wales and to establish new arrangements concerning parental responsibility, living arrangements, passport issuance, and contact between the mother and the children. The court was also asked to grant leave for the father's application to be heard on an undefended basis.

The primary legal issues before the court were whether to discharge the previous Local Court orders and, if so, what new orders should be made regarding the children's welfare and the parents' responsibilities. Specifically, the court had to determine the appropriate orders for sole parental responsibility, the children's residence, the ability to obtain passports for the children, and the nature and extent of the mother's contact with the children, including supervision and cost allocation. The court also considered the release of a family report and the allocation of costs for an Independent Children's Lawyer.

Johnston J granted leave for the father's application to proceed undefended. The court then made orders discharging the previous Local Court orders. The father was granted sole parental responsibility for the children, and it was ordered that the children live with the father. The father was also permitted to obtain or renew Australian passports for the children without the mother's consent. Furthermore, the mother was to have no contact with the children unless agreed between the parties, with any contact to be supervised at a centre nominated by the father, and the costs of such supervision to be borne by the mother. The court also ordered that neither party contribute to the costs of the Independent Children's Lawyer and that particulars of the obligations and consequences of contravention of these orders, as set out in a fact sheet, be included within the orders.