Spicer & Bath

This matter concerned an application by Ms Spicer and Ms Rand (the Applicants) against Mr Bath (the Respondent) regarding parenting arrangements for three children. The Applicants resided in Western Australia and New Zealand, while the Respondent lived in Brisbane. The proceedings involved allegations of risk issues concerning the children.

The court was required to determine the interim living arrangements for the children, the nature and extent of their time with each of the Applicants, and the method of communication between the children and the Applicants. Additionally, the court needed to address the appointment of an Independent Children’s Lawyer and the preparation of a Family Report, as well as specific undertakings and obligations to be imposed on the Respondent, including drug testing and participation in a parenting program.

Howard J ordered that the children live with the Respondent, who was to continue residing with the children's paternal grandfather. The children were to spend time with each Applicant when they were in the city where the children resided, as agreed between the parties. Communication by video call was to occur on specified days and occasions, with the Respondent to initiate these calls. The court also mandated that the Respondent provide information about the children, report medical emergencies, supply school reports, undergo supervised urinalysis testing, and complete a parenting program. Both parties were ordered not to denigrate each other or discuss sensitive matters in the children's presence. The court further ordered the appointment of an Independent Children’s Lawyer to represent the children and directed the preparation of a Family Report. The matter was adjourned for an interim hearing.