Langmuir & Fields

In the matter of MLC 5053 of 2014, Ms Langmuir (the applicant mother) and Mr Fields (the respondent father) brought proceedings before O'Shannessy J. The dispute concerned the welfare and care of the parties' two children, X (born 2011) and Y (born 2014).

The court was required to determine several issues, including the immediate return of the children to the mother's care, the imposition of injunctions restraining physical discipline of the children by either parent, and the involvement of the mother's partner in the children's discipline. Further, the court needed to address the preparation of a private Family Report, the communication of parental responsibility to medical practitioners, and the father's upcoming weekend time with the children. Crucially, the court also considered the need for independent representation for the children, given allegations of physical and psychological abuse.

O'Shannessy J ordered the father to return the children to the mother's care by a specified date and granted injunctions prohibiting physical discipline by either parent. The mother was directed to ensure her partner, Mr B, was not involved in the children's discipline. The court mandated attendance at a family consultant for a private Family Report, with costs shared equally, and ordered that any medical practitioner or therapist for the children be informed of the equal shared parental responsibility order. The court also made provisions for the father's next period of weekend time with the children. Pursuant to section 68L(2) of the *Family Law Act 1975* (Cth), the children were to be independently represented, with Victoria Legal Aid requested to arrange this representation as soon as possible. The court further ordered that the parties and their legal representatives could inspect, but not photocopy or disclose, a document produced by the Department of Families, Fairness and Housing (DFFH) dated 15 April 2021, noting its confidential nature and the penalties for unauthorised disclosure under sections 112AD and 121 of the *Family Law Act 1975*. The matter was adjourned for an interim defended hearing.