Healy and Twine

This matter came before Judge Harland in the Family Court of Australia concerning the welfare and best interests of two children, X and Y. The dispute involved the preparation of an updated family report by a family consultant, Ms S, and the subsequent handling and potential dissemination of that report.

The court was required to determine the specific matters to be addressed in the updated family report, including the children's views and any factors affecting their weight, as well as any other relevant welfare considerations. Further issues included the extent to which the family consultant could access documents produced under subpoena, the provision of relevant materials to the consultant, and the circumstances under which the family report could be released to external bodies such as children's courts or child protection authorities. The court also needed to consider the implications of the report not yet being admitted into evidence and the restrictions imposed by section 121 of the *Family Law Act 1975* regarding the publication of family law proceedings.

Judge Harland ordered that the mother and children attend an appointment with Ms S for the preparation of the updated family report, specifying the matters to be covered. The mother was directed to comply with the consultant's reasonable directions. Leave was granted for Ms S to inspect subpoenaed documents, subject to their release by a parent or the independent children's lawyer. The Independent Children's Lawyer was directed to provide Ms S with relevant materials and to issue a subpoena to the Department of Education and Training Victoria for documents to be made available to Ms S. The court also outlined a process for the potential release of the family report to specified external bodies, subject to any written objections, and noted the evidentiary status of the report and the prohibitions under section 121 of the *Family Law Act 1975*. The proceedings were adjourned for further directions.