Leroux and Leroux & Anor (No 2)

In the Federal Circuit Court, Benjamin J considered applications concerning parenting orders and the involvement of extended family members. The proceedings involved the father, the mother, and the paternal grandparents, with the Independent Children’s Lawyer also playing a role. The primary disputes revolved around the father's application to remove the Independent Children’s Lawyer, the paternal grandfather's application to be joined as a party, and the mother's application to suspend the paternal grandmother's time with the children.

The court was required to determine whether to grant the paternal grandfather leave to join the proceedings as a party. Additionally, the court had to consider the mother's request to suspend the paternal grandmother's contact with the children for a specified period. Finally, the court was tasked with managing the father's application to remove the Independent Children’s Lawyer, including setting timelines for the filing of evidence and the conduct of submissions.

Benjamin J granted the paternal grandfather’s application to be joined as a party to the proceedings, varying the existing parenting orders to reflect this. The court also ordered that the paternal grandmother’s time with the children be suspended for their next five visits. Regarding the father's application to remove the Independent Children’s Lawyer, the court adjourned this to a fixed hearing date, setting strict deadlines for the filing and service of affidavit material by both the father and the Independent Children’s Lawyer, and limiting the time for oral submissions. The court also made directions regarding family therapy, expanding its scope to include the paternal grandparents and clarifying the roles and communication permissions for the therapist and the Independent Children’s Lawyer.