Hirst and Simms

In the Federal Circuit Court of Australia, Judge Small presided over proceedings involving Hirst and Simms, concerning the living arrangements and contact arrangements for their two children, X and Y. The dispute centred on the welfare and best interests of the children, necessitating detailed orders regarding their care, communication with parents, and assessments of the parents' and children's functioning.

The court was required to determine the primary residence of the children, the specific terms of the father's time and communication with them, and to implement measures to ensure their safety and well-being. Key issues included the need for separate representation for the children, comprehensive assessments of the parents' psychiatric functioning and general health, and the prohibition of alcohol consumption above a specified level while the children are in their care. Furthermore, the court needed to address the prevention of parental denigration and the discussion of proceedings in the children's presence, as well as the preparation of a Family Report to inform future decisions.

Judge Small made orders for the children to live with the mother, establishing a specific schedule for the father's time and telephone contact. The court mandated liver function tests for both parents and psychiatric assessments for each party, with the results to be provided to the respective solicitors. Crucially, the children were to be separately represented, and a Family Consultant was appointed to prepare a Family Report addressing the children's views, relevant legislative considerations under the *Family Law Act 1975* (Cth), and the potential impact of proposed orders. Injunctions were also granted restraining both parents from having a blood alcohol level above .05 while the children were in their care and from denigrating each other or discussing the proceedings in the children's presence. The matter was adjourned for further directions.