Tilberg and Leiko

In the matter of Tilberg and Leiko, Fowler J of the Court made orders concerning the parental responsibility and living arrangements for a child, D, born in June 2001. The proceedings were listed for 11:30 am, and by 11:35 am, the mother had been called outside the court and did not appear.

The court was required to determine the appropriate orders regarding the child's welfare, including who would have sole parental responsibility, where the child would live, and the nature and extent of the mother's contact with the child. Additionally, the court needed to consider orders restraining the mother from approaching the child or the child's school, from denigrating the other parent in the child's presence, and from removing the child from the Commonwealth of Australia.

Fowler J ordered that the father have sole parental responsibility for the child and that the child live with the father. The mother was granted telecommunication contact with the child each Sunday. Crucially, the mother was restrained from approaching the child or the child's school without further court order, and both parents were restrained from denigrating each other to or in the presence of the child. The mother was also restrained from removing the child from Australia, and the Australian Federal Police were requested to place the child on the Airport Watch List, with an exception for travel in the father's company. The court also noted the inclusion of a Fact Sheet detailing obligations and consequences of contravention, pursuant to ss 65DA(2) and 62B of the relevant Act.