Lenton and Lenton

In Lenton and Lenton, Bennett J of the Family Court of Australia considered competing applications for parenting orders concerning four children. The proceedings involved an interim hearing, with the court also noting interim parenting orders previously made by Federal Magistrate Reithmuller, which provided for supervised time between the father and children and prohibited contact with Mr G Lenton.

The court was required to determine the appropriate directions for the interim hearing, including the necessity and nature of any reports to be obtained. Specifically, the court considered the appropriateness of a section 62G(2) report or other reportable assessment, and the independent representation of the children's interests. The court also addressed the procedural steps for the preparation and filing of a psycho-social assessment by Dr K, and the provision of relevant materials to Dr K and the independent children's lawyer.

Bennett J directed that the interim hearing be adjourned to a later date and listed the matter for a telephone mention to provide directions. Crucially, the court ordered that the interests of the children be independently represented by a lawyer pursuant to section 68L(2) of the Family Law Act 1975, requesting Victoria Legal Aid to arrange such representation. The court also ordered that a psycho-social assessment be prepared by Dr K, with specific timelines for the parties to provide materials and deposit funds for the assessment. The court further stipulated that Dr K's report would not require formal proof by affidavit for the interim hearing, provided he was available for cross-examination.