KEST & OLSSON

In the Family Court of Australia, Justice Dawe considered an application by the mother seeking to suspend existing consent orders that provided for the children to live with her and spend time with the father. The mother's application was based on allegations of sexual abuse made against the father. The court also considered the best interests of the children in its determination.

The primary legal issues before the court were whether to suspend the father's time with the children, the appointment of an Independent Children's Lawyer, and the intervention of the Minister pursuant to s 91B of the *Family Law Act 1975* (Cth). The court also had to determine the arrangements for the father to spend time with the children pending further orders, given the serious allegations.

Justice Dawe ordered that leave be granted to the father to file and serve answering documents. The proceedings were accepted into the Court’s Magellan Project and adjourned for further consideration. Crucially, the court ordered the appointment of an Independent Children's Lawyer for the children, with parties to provide all necessary documents to expedite this appointment. The Minister for the Department of Health and Families Child Protection Unit in Darwin was invited to intervene, and a report was requested from the Department regarding the allegations and the children's circumstances. Until further order, certain previous orders were suspended, and the mother was restrained from providing the child J with counselling for sexual abuse on the assumption of abuse. The court also ordered that until further order, the father would spend time with the children under the supervision of staff at a Contact Centre each Friday.