Marklew and Marklew (No. 2)

In *Marklew and Marklew (No. 2)*, Carter J of the Family Court of Australia considered an application to vary existing parenting orders concerning the child G. The dispute centred on the practical arrangements for the husband to spend time with G, particularly in light of previous orders and the need to facilitate this contact.

The primary legal issue before the court was how to give effect to the husband's time with the child G, specifically addressing the period from 4 pm on Sunday, 9 September 2007, until 7.30 am on 24 September 2007. This involved determining whether certain provisions of prior orders made by Dessau J on 18 June 1999 should be suspended to facilitate this contact, and what arrangements were necessary for the handover and return of the child.

Carter J reasoned that to give effect to the husband's ordered time with G, it was necessary to discharge specific paragraphs of earlier orders made on 4 June 2007. The court then made specific orders for the husband to spend time with G during the specified period. To facilitate this, paragraphs (6)(c), (6)(v), and (7)(b) of the 18 June 1999 orders were suspended until further order. The court also directed the wife to make arrangements for G to be available to the husband at a specified location and time for the commencement of this period, and for the husband to return G to school at the conclusion of the period.

The court ordered that the preparation of its orders be expedited. Costs were fixed for the Independent Children's Lawyer and the husband at $660 each, with the question of the wife's payment or contribution to these costs being reserved.