Fisher & Fisher

In the matter of *Fisher & Fisher*, Mr. Fisher (the applicant father) sought to discharge the appointment of an Independent Children’s Lawyer (ICL) and review parenting orders made by a Senior Registrar concerning their three-year-old child, X. Ms. Fisher (the respondent mother) was also a party to the proceedings. The case came before Williams J in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the appointment of the ICL should be discharged, and consequently, to reconsider the interim parenting orders made by the Senior Registrar. These orders had established a living and time-spent arrangement for the child, X, which the mother sought to review. The proceedings were characterised by significant factual disputes between the parents and a highly conflictual parental relationship.

Williams J dismissed the father's application to discharge the ICL, finding that the continued involvement of an ICL was appropriate given the circumstances. The court reasoned that the Senior Registrar's orders had relied heavily on the untested evidence of a family report writer, and that the highly conflictual nature of the parental relationship necessitated a fresh consideration of the arrangements for the child. The court ultimately discharged all previous parenting orders and made new orders in accordance with the proposal of the Independent Children’s Lawyer. These new orders stipulated that the child, X, would live with the mother, with specific provisions for the father's time with the child, communication arrangements, changeover procedures, and injunctions against denigrating the other parent or exposing the child to proceedings.