Hurne and Tolle

In the matter of Hurne and Tolle, Bennett J of the Family Court of Australia considered applications concerning the children M, N, and J. The dispute involved the father's desire for the children to be returned to Victoria and to spend time with them, pending a final hearing.

The court was required to determine several issues, including whether to grant interim orders for the children's return to Victoria and for the father to spend time with them. The court also needed to consider the necessity of psychiatric assessments for both parents and the role of the independent children's lawyer in facilitating these assessments and providing preliminary views on parenting orders.

Bennett J made a series of orders aimed at progressing the matter towards a final hearing. These included adjourning the determination of immediate return and supervised time applications, requiring both parents to facilitate supervised contact, and ordering the father to undergo a psychiatric assessment. The court also directed the independent children's lawyer to forward specific reports to the assessing psychiatrist and to advise on the potential need for a reassessment of the mother. Procedural directions were given regarding the filing of applications and responses, and the mother's previous responses were struck out with leave to file a new response. The court noted recommendations for parenting courses and the father's assertion of having completed an anger management course.