Kellar & Kellar

In Kellar & Kellar, the parties were engaged in family law proceedings concerning interim parenting orders. The dispute centred on the arrangements for the children's time with their father, the consideration of the children's views, and the potential benefit of a meaningful relationship with the father. The matter came before Faulks DCJ.

The court was required to determine the appropriate interim arrangements for the children to spend time with their father, considering the best interests of the children. A key issue was whether the children's views, regarding their time with their father, had been adequately considered or needed to be ascertained. The court also had to address the admissibility and weight of expert evidence that had not yet been tested.

The court made interim orders to facilitate the children spending time with their father, including specific weekend arrangements for the daughters and sons, and provisions for communication. Crucially, the court ordered that a Family Consultant interview the children as close as practicable to the finalisation of the hearing to ascertain their views on future time with their father. The court also scheduled the finalisation of the hearing and set deadlines for the parties to finalise property lists and file affidavits and financial statements. The court indicated that the interim orders could be varied after two weekends of their implementation, pending the final hearing.