ABBEY & WALBURN

In the matter of *Abbey & Walburn*, Judge Scarlett of the Family Court of Australia considered an application by the father for time with his two young daughters, who were below school age. The dispute involved allegations of family violence and intractable conflict between the parents, necessitating the appointment of an Independent Children’s Lawyer.

The court was required to determine issues concerning interim parenting orders, specifically the level of parental responsibility to be allocated, where the children should live, and the nature and extent of the father's time with the children. Additionally, the court had to consider whether to grant an injunction for the personal protection of the children, restraining either parent from arranging for their circumcision, and to make arrangements for the independent representation of the children's interests.

Judge Scarlett ordered that the mother have sole parental responsibility for the children and that they live with her. The father was granted supervised time with the children for two hours each fortnight at a children's contact centre. Crucially, the court issued an injunction restraining both parties from permitting the circumcision of the children. The court also ordered that the children's interests be independently represented by a lawyer, requesting Legal Aid New South Wales to arrange this, and directed the parties to provide relevant documents to the appointed lawyer. Further, the Independent Children’s Lawyer was granted leave to issue subpoenas, and the parties were ordered to attend upon a Family Consultant for the preparation of a Family Report, with an interpreter to be provided.