APPLEBY & APPLEBY

This matter concerned an application by the mother for interim orders regarding her two children, X and Y, in proceedings before Gill J. The mother sought a suite of interim orders, including sole parental responsibility, with the father having filed no response or responding material. The court noted that existing Children's Court orders were in place, which limited the children's interaction with their father.

The primary legal issue before the court was to determine the interim orders to be made concerning the children's living arrangements, time spent with each parent, and the appointment of an Independent Children's Lawyer, given the impending expiration of existing Children's Court orders and the father's lack of formal opposition. The court also had to consider the application of section 69ZK of the Family Law Act 1975, which restricts the making of orders concerning children subject to Children's Court orders unless specific conditions are met.

Gill J reasoned that, due to the expiration of the Children's Court orders on 1 November 2018, new orders could be made to commence from that date. The court made interim orders for the children to live with the mother, with no time to be spent with the father for X, and supervised time for Y on alternate Sundays. The father was permitted to attend Y's gymnastics lessons with prior notice. Pursuant to section 68L of the Family Law Act 1975, the court ordered that the children be independently represented and requested the Legal Aid Commission ACT to arrange such representation, suggesting Ms Sally Hiles for consideration. The father was also directed to file a notice of address for service. The proceedings were adjourned for a further interim hearing to allow the father to file any response and for a more fulsome determination of the matters.