EVANS & SIMMONS

In the matter of *Evans & Simmons*, the Family Court of Australia was required to make orders concerning the welfare of a child, C, and other children of the parties. The proceedings involved the father and the mother, with the court seeking to ascertain the views of C and to ensure her safety and well-being.

The court was tasked with determining interim orders regarding the care and location of the child C, and to facilitate the gathering of information relevant to these decisions. Key issues included ensuring C's delivery to the court, obtaining her views through an independent assessment, and considering the potential intervention of the Minister for Families and Communities. The court also needed to address the filing of necessary documents by the parties and the potential for third parties to seek care of the children.

Justice Burr applied provisions of the *Family Law Act 1975* to guide the court's actions. Section 91B was invoked to invite the Minister for Families and Communities to intervene, or to have a representative attend to assist in framing orders if intervention was declined. Section 11F was used to direct an interview with C by a medical professional to ascertain her views and wishes, with that professional to provide oral evidence. Furthermore, Section 62G(2) was applied to order a family assessment and report concerning C and her siblings, to be completed and provided to the parties and the Independent Children's Lawyer. The court also made orders for the father to file and serve answering documents and granted leave for the mother to respond, and stipulated that any third party seeking care of a child must file an application and affidavit. Leave was also granted for inspection of documents produced by subpoena to the South Australian Police, subject to privilege.