Wallace and East

This matter concerned applications by the father for contravention of parenting orders, which were dismissed by Justice O’Reilly. The court also made consent orders between the mother and the Independent Children’s Lawyer, and dismissed all other applications relating to the child. The original parenting orders were to be placed on the court file, and the Independent Children’s Lawyer was to serve the orders on the father. The father was granted liberty to apply within 14 days to set aside or vary the parenting orders, with any such application to be heard by Justice O’Reilly. The Independent Children’s Lawyer was to be discharged within 21 days unless the father made such an application.

The court was required to determine the father's contravention applications and to make orders regarding the parenting arrangements for the child. The consent orders, detailed in Annexure A, established that the child would live with the mother, and that the father would spend time with the child at all reasonable times as agreed between the parties. The orders also outlined provisions for information sharing between parents regarding the child's care providers and medical practitioners, and authorised the father to liaise with these professionals. Further provisions addressed parental addresses, communication regarding serious illness, prohibitions on illicit drug use and exposure to drug-associated individuals, and restrictions on denigration and physical discipline. The mother was to be responsible for decisions regarding the child's schooling and choice of medical practitioners, while other major long-term issues were to be jointly decided. The father and his partner were required to attend a Positive Parent Program, and the father was also to attend an Anger Management course, with evidence of completion required before overnight stays.

Justice O’Reilly dismissed the father's contravention applications, indicating that the evidence did not support a finding of contravention. The court then made orders by consent between the mother and the Independent Children’s Lawyer, which effectively discharged previous orders and established new parenting arrangements. These arrangements included the child living with the mother and the father having time with the child as agreed. The orders also stipulated specific conditions for the father, including the completion of parenting and anger management courses, before overnight stays with the child could commence. The court also included provisions for information sharing, communication protocols, and prohibitions on certain behaviours to ensure the child's welfare.