Tobin and Barkley and Anor

This matter concerned an application before Judge Obradovic in the Federal Circuit Court of Australia, involving the parties Tobin and Barkley, and another respondent. The dispute centred on arrangements for the children X and Y, born in 2007 and 2009 respectively. The court was required to determine the parental responsibility for the children and establish specific living arrangements and time spent with each parent.

The court was tasked with determining the primary caregiver for the children and outlining a detailed schedule for their time with both parents. This included establishing when the children would live with the applicant, and the specific periods they would spend with the mother, including during school holidays and term time. Furthermore, the court needed to address communication protocols between the parents, including provisions for telephone contact and the exchange of important information regarding the children's welfare and education. Crucially, the court also had to consider injunctive relief concerning the paternal grandmother and the father.

In its determination, the court made orders granting the applicant sole parental responsibility for the children. The children were ordered to live with the applicant from a specified date, with detailed provisions for the mother's time with them, including alternating weekends during the school year and specific arrangements for school holidays. The court also mandated telephone contact for the mother and outlined specific dates for additional contact. Importantly, the court issued injunctions pursuant to s68B of the *Family Law Act 1975*, restraining the paternal grandmother from leaving the children alone with Mr Tobin or permitting him to physically discipline, assault, threaten, or intimidate the children. The father was also restrained from contacting or approaching the paternal grandmother or the children, and from attending within 100 metres of their residence or any educational institution they attended. The proceedings were subsequently transferred to the Dubbo Registry of the Federal Circuit Court of Australia and listed for directions.