Carmel-Fevia and Fevia (No. 2)

In the matter of *Carmel-Fevia and Fevia (No. 2)*, the wife sought leave to file an initiating application for parenting orders, requesting an exemption from the requirement to obtain a certificate from a family dispute resolution practitioner under section 60I(9) of the *Family Law Act 1975* (Cth). The court was also asked to consider an application filed in November 2012 and a response filed in February 2013, with a view to making interim parenting orders.

The primary legal issue before Cronin J was whether the wife should be granted an exemption from the mandatory family dispute resolution process. This involved assessing whether there were circumstances that made it impracticable or inappropriate for the parties to engage in family dispute resolution. The court also had to determine the appropriate course of action regarding the existing applications and the making of interim parenting orders.

Cronin J granted the wife leave to file her initiating application for parenting orders, exempting her from the requirement to obtain a family dispute resolution certificate. The court also granted the wife leave to file a further affidavit within 14 days. The existing application and response were adjourned to the Senior Registrar’s List for the purpose of considering interim parenting orders.