Every and McNaught

In the matter of *Every and McNaught*, Bennett J of the Family Court of Australia made orders concerning the welfare of two children, C and B. The proceedings involved the mother and father of the children, with an independent children’s lawyer appointed to represent the children's interests. The dispute centred on parenting arrangements and the conduct of the parties in relation to the children.

The court was required to determine various issues concerning the children's care and the obligations of the parents. These included the mother's compliance with previous consent orders regarding drug testing, the need for a psychiatric assessment of the mother, and the participation of both parents in a parenting program. The court also addressed ongoing communication and contact arrangements between the father and the children, as well as the exchange of medical information and the conduct of the parties in the children's presence.

Bennett J's reasoning, as reflected in the orders, focused on ensuring the children's welfare and facilitating appropriate parental engagement. The orders mandated supervised urine testing for the mother, a psychiatric assessment, and completion of a parenting program, with costs to be borne by the mother and funding sought from Victoria Legal Aid. The father was permitted specific contact by letter, card, gift, and telephone. Both parents were ordered to keep each other informed of the children's medical and welfare issues, to authorise the release of medical records, and to refrain from denigrating each other or discussing the proceedings in the children's presence. The court also directed the independent children's lawyer to forward relevant reports to the Department of Human Services and the mother, and to provide a copy of the reasons for decision to the parties and the Department. The orders incorporated details regarding obligations, consequences of contravention, and available assistance, pursuant to sections 65DA(2) and 62B of the *Family Law Act 1975*.