Malberd & Malberd & Anor (No 2)

In the matter of *Malberd & Malberd & Anor (No 2)*, Ainslie-Wallace J considered an application concerning the welfare of three children. The dispute involved allegations of contravention of existing consent orders made on 15 May 2009, which governed the father's time with the children. The father had filed a contravention application on 21 June 2010.

The court was required to determine whether the father had contravened the consent orders and, consequently, what orders were appropriate for the children's welfare and their time with each parent. The court also considered the need for ongoing professional assessment of the children and the appointment of an Independent Children's Lawyer.

Ainslie-Wallace J reasoned that the father's time with the children should be suspended pending further order, indicating a serious concern for their well-being. The father's contravention application was dismissed. The court directed the parties to arrange further appointments with Dr M to discuss the allegations and issues, providing him with relevant affidavits and the reasons for the decision. Crucially, an Independent Children's Lawyer was appointed for the children pursuant to section 68L of the *Family Law Act 1975* (Cth), with a recommendation for the re-appointment of Ms Jane Costigan. Legal Aid New South Wales was requested to arrange representation for the children and was to be provided with all relevant documentation.