Ivanov and Ivanov

In *Ivanov and Ivanov*, heard by Hannam J, the proceedings concerned an application by the mother which was ultimately dismissed. The court made orders regarding the appointment of a single expert witness to prepare a report for the Court's assistance, the contents of that report, and the conduct of the proceedings.

The legal issues before the court involved determining the appropriate orders for the children's welfare, including the nature of their relationship with each parent, the potential impact of any changes in circumstances, and the capacity of each parent to meet the children's needs. The court was also required to consider allegations of abuse, parental psychological conditions or substance abuse, and the parties' attitudes towards parenting and each other. Furthermore, the court needed to determine what, if any, therapeutic services or parenting support would benefit the parties and the children, and to make recommendations regarding the children's time with each parent.

Hannam J's reasoning led to the dismissal of the mother's application and the adoption of a Less Adversarial Trial process. The court directed the parties and the Independent Children's Lawyer to jointly appoint a single expert witness to prepare a report addressing a comprehensive list of matters, including the children's relationships, parental capacity, any history of abuse or family violence, and the psychological state and substance abuse history of the parents. The court also ordered that the expert's report should include recommendations on the time the children spend with each parent and whether therapeutic services are required. The court further ordered that the matter be listed for a First Day Intake of the Less Adversarial Trial, with leave granted to the Independent Children's Lawyer to relist the matter on short notice if difficulties arose in obtaining the expert's report. The remuneration of the expert was to be borne equally by the parties, unless eligible for legal aid.