Classen and Kempers

In the matter of Classen and Kempers, Judge A Kelly of the Federal Circuit Court of Australia made orders concerning parenting arrangements and procedural directions for a final hearing. The dispute involved the children X and Y, born in 2007 and 2009 respectively, and their parents.

The court was required to determine appropriate parenting orders, including the children's time with the father, and to establish procedural directions for the upcoming final hearing. Key issues included ensuring the children's independent representation, facilitating the completion of a family report and psychiatric assessments, and setting timelines for the exchange of evidence and outlines of case. The court also addressed the parties' obligations regarding post-separation parenting programs and the potential implications of family violence allegations.

Judge Kelly ordered that the children be independently represented pursuant to s.68L(2) of the *Family Law Act 1975* (Cth), requesting Victoria Legal Aid to arrange such representation. The court also made detailed orders regarding the father's time with the children, including specific dates and a pattern of every third week. Further orders restrained the parties from discussing the proceedings with the children or denigrating each other in their presence. The court mandated a Family Report by Ms A and psychiatric assessments by Dr B, with parties responsible for half the costs, and required attendance at a Parenting Apart program. Procedural directions for the final hearing, scheduled for 10 May 2021, included strict timelines for document discovery, affidavit filing, and the submission of outlines of case. The court also noted the encouragement of mediation and provided information regarding the Commonwealth Family Violence and Cross-Examination of Parties Scheme.