VINCENT & WELLS

In the matter of *Vincent & Wells*, Benjamin J of the Family Court of Australia considered parenting arrangements for the child, X, born in 2011. The proceedings involved applications by the father, Mr Vincent, for time with the child, and by the father for the child's surname to be registered on the birth certificate. The mother, Ms Wells, had previously consented to orders that the child live with her. Allegations of drug abuse and violence by the father had been raised, leading to concerns about the child's safety in his unsupervised care. The court also addressed the costs of the Independent Children's Lawyer.

The primary legal issues before the court were the determination of parenting orders, including the extent of shared parental responsibility, the specific arrangements for the child to spend time with the father, and the registration of the child's surname. The court was required to consider the child's best interests in light of the allegations made and the existing consent orders. Additionally, the court had to determine the appropriate allocation of the Independent Children's Lawyer's costs between the legally aided mother and the employed father.

Benjamin J made orders discharging previous parenting orders and establishing shared parental responsibility for the child, with the child to live with the mother by consent. The court then detailed a phased approach to the father spending time with the child, commencing with supervised visits and gradually increasing to unsupervised time, including overnight stays and holiday periods. Specific provisions were made for communication between the child and the non-resident parent, and for the parents to refrain from negative commentary about each other in the child's presence. The father was ordered to continue engaging in drug and alcohol counselling, and the mother was permitted to request random drug testing for a period. The court also ordered that the father's surname be registered on the child's birth certificate, noting that the parties were not in an intimate relationship when the child was born.

Finally, the court ordered that the father pay one half of the Independent Children's Lawyer's costs, amounting to $5,607.55, to the Legal Aid Commission of New South Wales. All other extant applications were dismissed.