Fulham and Fulham

In the matter of Fulham and Fulham, Watts J made orders concerning the welfare of the children E, W, and M. The proceedings involved disputes between the parents regarding the children's time with their father.

The court was required to determine the best interests of the children in light of the parental dispute. Specifically, the court needed to consider the children's views, the parents' capacity to meet their needs, their willingness to foster a relationship with the other parent, and the physical and emotional safety of the children in each household. Further issues included the impact of parental mental health, the interrelationships between the children and other family members, and the parents' insight into the children's wellbeing.

Watts J ordered that the current arrangements for the children spending time with their father be suspended pending further order. The court directed the Independent Children's Lawyer to arrange for family therapy for the parents and children. Crucially, Dr R was appointed pursuant to Division 15.5.2 of the Family Law Rules 2004 to inquire into and report on matters relating to the welfare of the children, with specific areas of consideration outlined in the orders. The Independent Children's Lawyer was also granted access to relevant materials for the expert. The parties were ordered to contribute equally to the costs of Dr R's report, payable in advance. The matter was adjourned for further consideration.