Malouf & Malouf

In the matter of PAC 620 of 2019, Mr Malouf (the applicant) and Ms Malouf (the respondent) presented a dispute concerning their children to Gill J of the Family Court of Australia. The proceedings involved consent terms agreed upon by the parties, which were then formalised by the court.

The court was required to determine the terms of consent orders relating to the children's welfare. Specifically, the orders addressed the engagement of a family therapist, the preparation of a family report by a Family Consultant, the release of the children's medical information to both parents, and the authorisation for parents to receive information from the children's school and extra-curricular activities. The court also considered the specific factors to be addressed in the Family Report, as outlined in section 62G(2) of the *Family Law Act 1975* (Cth).

Gill J made orders by consent, reflecting the parties' agreement on how to proceed. These orders mandated that the parties engage a family therapist and ensure the children's attendance, with costs to be shared equally. The father's time with the children was to be guided by the therapist's recommendations and mutual agreement. Furthermore, both parents were authorised to obtain all relevant medical, school, and extra-curricular information concerning the children. Crucially, the court ordered the parties and children to attend upon a Family Consultant for the preparation of a Family Report, detailing specific considerations such as the children's relationships with both parents, protection from harm, the impact of changed circumstances, parental capacity, and other relevant factors. The Family Consultant was also granted leave to inspect documents produced in the proceedings. The parties were granted liberty to relist the matter following the release of the report or if therapy indicated further orders were necessary.