Tolley and Tolley

In *Tolley and Tolley*, heard by Judge Betts, the proceedings concerned parenting orders for two children. The matter proceeded as an undefended final hearing, indicating that the Father did not participate in the proceedings or contest the orders sought by the Mother.

The primary legal issues before the Court were the determination of parental responsibility, the living arrangements for the children, and the terms of the children's time with the Father. Additionally, the Court was required to consider orders for the personal protection of the children, including restrictions on the Father's conduct and proximity to the children and their mother, as well as the retention of the children's passports and permission for international travel with the Mother.

Judge Betts made orders granting the Mother sole parental responsibility and ordering that the children live with her. The Father was to spend time with the children as agreed in writing between the parents, at the Mother's sole discretion. The Court noted that, based on the available evidence, the Father's time with the children should be supervised or occur in a public place. Pursuant to section 68B of the *Family Law Act 1975*, the Father was restrained from consuming alcohol within 24 hours prior to or during his time with the children, from entering or approaching within 100 meters of the Mother's residence or the children's schools, and from physically disciplining the children or allowing third parties to do so. The Mother was to retain the children's passports. The Court also made orders permitting the children to travel overseas with the Mother, notwithstanding the Father's consent not being obtained, and restraining the Father from removing the children from the Mother's care without her prior written consent.