Fontain and Pretre (No. 2)

In *Fontain and Pretre (No. 2)*, McClelland J of the Family Court of Australia considered an application by the mother concerning the living arrangements and time spent with the parties' two children, X and Y. The dispute involved the terms of existing orders and the terms of new orders sought by the mother.

The court was required to determine whether to suspend previous orders and, if so, to make new orders regarding the children's residence, the father's time with the children, and the supervision of that time. The court also considered the representation of the children and the service of documents upon the Independent Children's Lawyer.

McClelland J ordered that the previous orders of 24 August 2018 be suspended. New orders were made to the effect that the children shall live with the mother. The father was granted time with the children, subject to the recommendations of the Family Consultant, for a minimum of six hours per week, comprising either three two-hour blocks or two three-hour blocks, to be facilitated by a nominated supervisor and agreed between the parties. Further, the father was permitted to spend no more than three hours with the children on significant days, as agreed, and only if accommodated by the nominated supervisor. Crucially, all of the father's time with the children was to be supervised at his sole cost, either at an agreed supervised contact centre or by a private supervisor nominated by the father from a list provided by the mother. The father was given the liberty to choose between these two supervision methods. The court also ordered that the children be represented pursuant to s 68L of the *Family Law Act 1975* (Cth), requesting Legal Aid NSW to provide that representation, and directed that parties serve all applications and affidavits upon the Independent Children's Lawyer upon their appointment. The proceedings were listed for further mention on 24 September 2018, with liberty to apply granted on 48 hours' written notice.