Derrick and Hicks

This matter concerned interim parenting orders sought by the father in relation to the parties' three children. The dispute arose from a persistently strained relationship between the parents and between the children and the father. The court acknowledged the assistance provided by the Independent Children's Lawyer, who was appointed on short notice.

The primary legal issue before the court was to determine appropriate interim parenting arrangements, specifically concerning family therapy and the father's time with the children, given the existing difficulties. The court was required to consider the children's welfare and the strained familial relationships in making its orders.

McClelland J ordered that the father nominate three qualified practitioners for family therapy within 14 days, from whom the mother would select one. The parties were then to arrange therapy, with the mother facilitating the children's attendance. The father was to initially bear the costs of this therapy, with an equal division to be considered in final property proceedings. Furthermore, existing consent orders regarding the father's time with the children were varied. The father was to spend up to four hours per week with the children, subject to reasonable requests that considered the children's views and the family therapist's recommendations. This time was to be supervised by an agreed children's contact service, with specific provisions for the location of contact and changeovers if agreement could not be reached.