JACKSON & RIVER

In the Family Court of Australia, before Barry J, Mr Jackson was the applicant in proceedings concerning children's time. The dispute involved interim orders regarding contact between the children and their father, with the mother seeking no final contact.

The court was required to determine whether to order interim time for the children to spend with the father, given the mother's case for no final contact and the current absence of any contact. A further issue was the appropriateness of commencing contact if it was not likely to continue.

Barry J reasoned that it was not in the children's best interests to commence time with the father if that contact was not going to continue on a final basis. Consequently, no interim time was ordered. The court also directed that the matter be designated Magellan, scheduled for case management review and trial directions on 17 November 2009, and set for a three-day trial commencing 14 April 2010. Leave was granted for the Independent Children’s Lawyer to issue subpoenas, with specific conditions regarding inspection and copying of documentation. A Family Report was ordered to be prepared by Mr P, with leave for the report writer to review subpoenaed documents and for parties to attend necessary appointments for the report.