Game and Walker

This matter concerned an application before Justice Jordan in the Family Court of Australia, involving a dispute between the Father and the Mother regarding their children. The proceedings were at a stage where the court was making interim orders to facilitate the preparation for a final hearing.

The court was required to determine the arrangements for the preparation of a further Family Report, including the scope of the Family Consultant's inquiries and access to relevant documents. Additionally, the court needed to establish a timetable for the filing and service of affidavits by both parties, outlining the specific orders sought by each parent concerning the children's living arrangements, time spent with each parent, and other welfare-related matters. The court also addressed interim communication arrangements between the Father and the children.

Justice Jordan ordered that the matter be listed for a final hearing on 29 and 30 November 2007. A further Family Report was to be prepared by a nominated Family Consultant, with specific directions for interviews with the Father, his current partner, and the children of that household, and for the consultant to liaise with other relevant managers. The Family Consultant was granted permission to inspect the court file and all documents, and to read documents produced by subpoena once parties or the Independent Children’s Lawyer had been granted inspection. The parties were directed to ensure the children attended all necessary appointments for the report. Strict timelines were set for the filing and service of affidavits by the Father and the Mother, with each required to set out the specific orders they sought. Interim communication arrangements were made for the Father to speak with the children by mobile telephone each Sunday, with specific conditions for the Mother to ensure the children's availability and privacy during these calls. The parties were also ordered to attend upon medical practitioners or other experts as requested by the Independent Children’s Lawyer. The court also noted that particulars of the obligations and consequences of contravening these orders were set out in an attached Fact Sheet.