LETT & LETT

The Family Court of Australia heard an application concerning parenting orders for two children, C and B. The mother, Ms Lett, alleged significant sexual abuse by the father, Mr Lett, which he denied. The father contended that the mother had adopted a long-term policy of excluding him and his family from the children's lives. The proceedings had been ongoing since 2010, with previous attempts at resolution and a limited hearing in February 2013.

The court was required to determine whether to grant the father's application for an adjournment to allow for a full hearing, despite his previous indication that he no longer wished to pursue one. The court also had to consider the implications of suspending existing communication orders and whether to make an order for costs against the father. The central legal issue revolved around balancing the children's need for a relationship with their father and his family against the potential risks and the need for a thorough determination of the disputed allegations.

Justice Benjamin granted the father's application for an adjournment, listing the matter for a full hearing before Justice Tree. The court reasoned that while the father's change of heart was noted, the children's best interests included the potential value of a relationship with their father and his wider family, provided it was safe. The court also considered the significant time and resources already expended and the potential for further trauma. Regarding costs, the court applied sections 117 and 117(2A) of the *Family Law Act 1975* (Cth), noting that while parties generally bear their own costs, exceptions exist. Despite the father's unemployment and receipt of social security benefits, and the mother's legal aid status, the court ordered the father to pay a portion of the mother's and the Independent Children's Lawyer's costs thrown away on the hearing. This decision was primarily based on the father's conduct in changing his position regarding the hearing, which had incurred significant expense.

The court ordered that the father pay $400 towards the Independent Children's Lawyer's costs and $600 towards the mother's costs, to be paid by instalments of $20 per month over 20 months and three months respectively. Additionally, a previous communication order made on 3 September 2012 was suspended, permitting the father, his parents, and siblings to send letters, cards, and presents to the children. The mother was entitled to read these communications and withhold them if she deemed it appropriate, provided she notified the father of the refusal and the reasons. The court also directed that particulars of obligations and consequences under sections 65DA(2) and 62B of the *Family Law Act 1975* be attached to the orders.