Winter and Klemson

This matter concerned orders made by Judge Kelly regarding the care and welfare of a child, X. The proceedings involved the child's mother and father, who sought to regulate their future interactions and responsibilities concerning X.

The court was required to determine the specific arrangements for X's living situation, parental responsibility, and the nature and extent of communication and decision-making between the parents. Key issues included how decisions about X's schooling would be made, the involvement of mental health professionals in addressing X's relationship with her father and other issues, and the extent to which the parents could communicate with each other and with X's treating professionals. The court also had to consider orders preventing the child from leaving Australia and the ongoing communication of information between the parents regarding X's progress.

Judge Kelly made detailed orders aimed at promoting X's best interests. The child was ordered to live with the mother, who was granted sole parental responsibility. Specific protocols were established for the mother to consult with the father regarding any proposed changes to X's schooling, requiring notification, consideration of his views, and subsequent advice. The orders mandated counselling for X with a psychologist to address issues related to her relationship with her father and any other concerns identified by the psychologist. Both parents were given liberty to communicate with X's psychologist, and the psychologist was authorised to communicate with each parent. Crucially, the court ordered that if the child's psychologist recommended a resumption of contact or communication between X and her father, both parents were to implement these recommendations. Further orders required the mother to attend counselling and stipulated that the father would participate in counselling if recommended by X's psychologist. The court also imposed restraints on both parents, prohibiting them from denigrating the other parent in X's presence, from abusing or physically disciplining X, and from attending each other's residences without invitation. The father was granted limited liberty to send cards, photographs, and gifts to X monthly, with the mother responsible for ensuring their prompt delivery. The court also made orders regarding the exchange of contact details between the parents and granted the father liberty to obtain school reports and other information at his own cost. The mother was ordered to provide the father with written summaries of X's progress four times a year. Significant orders were made restraining X from leaving the Commonwealth of Australia and directing the Australian Federal Police to place her name on the Airport Watch List until she turned 18, with an exception for travel with the written consent of both parties. The appointment of the Independent Children's Lawyer was discharged, and all other applications were dismissed.