Harper and Pint

In the Family Court of Australia, Justice Bennett considered a contravention application filed by the father, Mr Harper, against the mother, Ms Pint. The dispute concerned alleged contraventions of parenting orders relating to their two young daughters, B and A. The father did not appear at the hearing, while the mother appeared in person. The court noted a significant history of litigation between the parties, who had largely acted as self-represented litigants.

The primary legal issue before the court was the appointment of an Independent Children’s Lawyer (ICL) to represent the interests of the children, B and A, in the context of the contravention proceedings. The court was required to determine whether such an appointment was necessary and appropriate, particularly given the children's diagnoses within the autistic spectrum and the high level of parental conflict. The court also needed to set a date for the final hearing of the contravention application.

Justice Bennett reasoned that an ICL would be of significant assistance to the court in determining the contravention application and any potential variation of parenting orders, regardless of whether a contravention was found or if there was a reasonable excuse. The court emphasised the need for a proactive and resourceful ICL due to the children's special needs and the parents' ongoing conflict. The court formally ordered the appointment of an ICL, requesting Victoria Legal Aid to arrange representation, and set directions for the filing of evidence and the provision of documents to the ICL. The contravention application was adjourned for a final hearing.