Marsh and Marsh (No 2)

In *Marsh and Marsh (No 2)*, Fowler J considered an application concerning the welfare of a child, L, born in October 1999. The dispute involved the mother's request to remove L from Australia to New Zealand for a specified period, and the father's involvement in L's life. The court's orders addressed the practical arrangements for L's travel, his attendance at an interview with a single expert, and his time with both parents.

The primary legal issues before the court were whether to permit the mother to remove L from Australia to New Zealand, and if so, under what conditions. The court also had to determine the arrangements for L's attendance at an interview with a single expert, Dr Y, and the allocation of costs associated with the expert's report and attendance. Furthermore, the court considered the potential attendance of L at counselling at his school and the communication of the court's orders to the school.

Fowler J reasoned that while permitting the mother to remove L to New Zealand, specific conditions were necessary to ensure L's engagement with the single expert and his time with the father. These conditions included L's return to Sydney by a specific date for an interview with Dr Y and a period of time to be spent with the father. The court also ordered that both parties share equally in the costs of the expert's report and attendance, and that they facilitate L's attendance at any recommended counselling sessions. The court further directed that the Independent Children's Lawyer be permitted to provide a copy of the orders to L's school. The matter was listed for mention on 6 October 2011, with costs reserved.