Dexter and Parkinson

This matter concerned Mr Dexter (the father) and Ms Parkinson (the mother), parents of two sons, C and A. Following final consent orders made in December 2005, which stipulated the children would live with the mother and have regular contact with the father, the mother unilaterally ceased contact in December 2006. The mother asserted the children expressed a strong desire not to spend time with the father, alleging emotional and verbal abuse. This led to the mother filing an application to suspend contact, which was met by the father's applications for final and interim orders, including an amended application seeking the children live with him. The father also filed a contravention application alleging breach of the 2005 orders.

The court was required to determine several legal issues, including the appropriate representation for the children, the admissibility and reliance on the evidence of a psychologist engaged by the mother, and the procedural steps necessary to advance the various applications before the court. Specifically, the court needed to consider whether to order independent representation for the children, how to manage the introduction of the psychologist's report and her potential evidence, and the timeline for filing further affidavits from both parties. The court also had to consider an application for costs made by the father.

Brown J reasoned that given the volatile nature of the proceedings and the allegations made, it was necessary to ensure the children's interests were independently represented, ordering that Victoria Legal Aid arrange such representation pursuant to s.68L(2) of the Family Law Act 1975. The court also determined that if the mother intended to rely on the evidence of the psychologist, Ms B, she must file an affidavit from Ms B and ensure her availability for cross-examination. The court noted that the psychologist's report, while containing critical remarks about the father, was cautious in its recommendations due to the high level of acrimony between the parents. The court granted the father leave to file amended documents and directed the parties to file any additional affidavits by a specified date.

The court ordered that the independent children's lawyer file a Notice of Address for Service and that solicitors for the parties provide all relevant documents to the independent children's lawyer within 48 hours of their appointment. The court also ordered that the mother pay the father's costs of the day, fixed at $1,100, to be paid within three months. The remaining applications, including the mother's applications to suspend contact, the father's applications for interim and final orders, and his contravention application, were adjourned to a later date. The court certified that the matter reasonably required the attendance of counsel.