Whiting and Dawson

This matter concerned an application before Judge Brown in the Family Court of Australia regarding the living arrangements and communication of a child born in 2008. The dispute involved the child's residence and the father's contact with the child.

The court was required to determine the primary residence of the child, the appointment of an Independent Children's Lawyer to represent the child's interests, and the disclosure of relevant documents by Families SA and the South Australian Police concerning any notifications of suspected abuse or family violence affecting the child. The court also needed to establish a framework for the child's communication with the father and for the father to spend time with the child.

In its determination, the court ordered that the child live with the mother in Western Australia. It further ordered the appointment of an Independent Children's Lawyer, directing the parties' solicitors to forward relevant documents to the Legal Services Commission of South Australia for this purpose. The court also mandated the disclosure of specific documents by Families SA and the South Australian Police relating to any notifications of suspected child abuse or family violence. Provisions were made for the child to have telephone communication with the father, and for the father to spend time with the child should the mother travel to South Australia, with these arrangements to be agreed upon by the parties or, failing agreement, to follow specified default conditions. The proceedings were adjourned for further hearing.