Donalds & Donalds (first day)

In *Donalds & Donalds*, Bennett J of the Family Court of Australia considered parenting orders concerning two young children. The dispute involved the mother's resistance to returning the children to Melbourne, with the parties residing approximately 1,000 kilometres apart in Melbourne and Newcastle. The court noted the potential need for a split face-to-face hearing between these locations to ensure justice was done.

The primary legal issue before the court was how to best manage the proceedings and ensure the children's welfare, given the geographical distance between the parents and the mother's reluctance to relocate the children. This included determining the appropriate procedural steps for the final hearing and addressing interim arrangements for communication and the role of the Independent Children's Lawyer.

The court made several directions and orders to facilitate the progression of the case. These included directing the Independent Children's Lawyer to arrange for Victoria Legal Aid to assign a lawyer to the mother, requiring the mother to provide a list of her proposed witnesses and the nature of their evidence, and setting a final hearing date. Crucially, the court stayed a prior order concerning the children pending the determination of the mother's notice of appeal. The court also permitted both parents to record communications between the father and the children, subject to specific conditions regarding the recording and production of such recordings. The mother's application to remove the Independent Children's Lawyer was dismissed, and an interim defended hearing was vacated. The court also attached a Fact Sheet detailing the obligations and consequences of contravening the orders.