Wilkie & Engel

This matter concerned an application by Ms Wilkie (the mother) against Mr Engel and Mr Shriver (the fathers) concerning parenting orders for three children. The court was required to determine the parenting arrangements for the children, given the mother's prolonged absence from their lives and challenges to her parenting capacity. The hearing proceeded undefended by the mother.

The central legal issues before the court were the determination of the children's living arrangements and the nature and extent of the mother's future contact with them. The court also had to consider orders to protect the children and the fathers from the mother's behaviour, including restrictions on communication and conduct.

Rees J ordered that the previous parenting orders be discharged. For two children, Mr Engel was granted sole parental responsibility, and they were to live with him. The mother was to spend time with these children by written agreement with the father and was subject to several restraining orders, including prohibitions on discussing the proceedings with the children, making derogatory comments about the father, and engaging in harassing behaviour. Similar orders were made concerning the third child, Mr Shriver, who was granted sole parental responsibility and the child was to live with him. The mother was to have supervised time with this child every second Sunday, with specific restraining orders also in place. The court also included provisions regarding the mother's consumption of alcohol or illicit substances prior to and during her time with the children, and ordered that information not be passed between parties through the children.