Wallender and Lerderderg

This matter concerned orders made by Foster J in the Family Court of Australia regarding the parental responsibility and living arrangements for a child. The proceedings involved the Mother and Father, who were seeking to resolve disputes concerning their child.

The court was required to determine a range of issues, including the allocation of parental responsibility, the child's residence, and the specific arrangements for the child to spend time with each parent. Additionally, the court addressed concerns regarding the potential international removal of the child, necessitating orders for the child's name to be placed on a watch list and for law enforcement assistance. The court also considered the child's medical treatment and the involvement of an Independent Children's Lawyer.

Foster J made orders by consent, establishing equal shared parental responsibility for the child. Crucially, to prevent the child's removal from Australia, the court ordered that the child be restrained from leaving the Commonwealth and directed that the child's name be placed on the PACE Alert system for two years, with the Australian Federal Police to maintain an airport watch. Pending further orders, the child was to live with the Mother, with detailed provisions for the child to spend time with the Father, including specific dates and times, and arrangements for the Father's partner to be present during overnight stays. The court also made orders concerning the child's medical care, changeover arrangements, and the attendance of both parents at significant events in the child's life. Proceedings were adjourned for further listing, and an Independent Children's Lawyer was appointed for the child.