Gipps and Tynan

This matter concerned an application before Judge Jones in the Family Court of Australia. The dispute involved parenting arrangements for two children, X and Y, and the parties' engagement with therapeutic counselling.

The court was required to determine several issues, including whether the children should be separately represented by an Independent Children’s Lawyer, the specific terms of the children's time with the husband, and the extent of the parties' and children's participation in therapeutic counselling. The court also considered the facilitation of communication between the children and the husband, the status of the children's passports, and the prohibition of discussing proceedings with the children.

Judge Jones ordered that the children be separately represented by an Independent Children’s Lawyer, with Victoria Legal Aid requested to arrange this. The court varied existing orders to establish a specific schedule for the children to spend time with the husband each Sunday, commencing from a specified date, and also allowed for additional time as agreed in writing. The parties were directed to ensure the children attended therapeutic counselling sessions with a Ms L, with costs shared equally, and both parents were to attend independently. The purpose of this counselling was to inform recommendations regarding future time spent between the children and the husband, with a report to be prepared by Ms L. Further orders addressed the exchange of documents, the location of changeovers, the mother's facilitation of communication, and the filing of an affidavit regarding passports. Both parents were restrained from discussing the proceedings with the children.