KOLICH & DEMBECK

In the matter of *Kolich & Dembeck*, heard by Judge Burchardt, the Independent Children’s Lawyer (ICL) applied for the summary dismissal of the Mother’s application seeking to spend time with her son, X. X, who was almost 17 years old at the time of the application, had clearly expressed his wish not to see his Mother.

The central legal issue before the court was whether the Mother's application to spend time with her son should be summarily dismissed, given the son's age and his expressed wishes. This required the court to consider the principles governing applications for summary dismissal in family law proceedings, particularly in circumstances involving a mature child's views.

Judge Burchardt granted the application for summary dismissal. The reasoning applied was that, in accordance with the child's wishes, and given his age, it was appropriate to dismiss the Mother's application. The court made orders that the child X live with the First Respondent and that the First Respondent have sole parental responsibility for X while he is in Australia. Crucially, the court ordered that X spend time and communicate with the Mother in accordance with his wishes. The order appointing the ICL was discharged, and pursuant to section 45A of the *Family Law Act 1975*, all extant applications were dismissed.