Kolbe and Schroeter

In proceedings before McClelland J, the court considered an application concerning the welfare of three children. The dispute involved the father's desire to spend time with the children and concerns raised by the mother, particularly regarding the father's alcohol consumption. The orders made by the court indicate a family law context, likely involving parental separation and child custody arrangements.

The primary legal issues before the court were the best interests of the children, specifically in relation to the father's contact with them, and the potential impact of the father's alcohol use on the children's welfare. The court was also required to determine appropriate interim measures to safeguard the children's interests pending further determination of the proceedings.

McClelland J applied principles relating to the best interests of the child as enshrined in the *Family Law Act 1975* (Cth). The court made interim orders restraining the removal of the children from Australia without consent, establishing a limited schedule for the children to spend time with the father, and prohibiting the father from consuming alcohol for a period before and during contact. Furthermore, the court appointed an Independent Children’s Lawyer pursuant to s 68L(2) of the Act to represent the children's interests and directed the appointment of a Single Expert to report on matters relevant to s 60CC of the Act, including the father's alcohol use. The parties were ordered to share the costs of the Single Expert.