Masson and Parsons & Anor

In *Masson and Parsons & Anor*, Austin J of the Family Court of Australia considered an application for interim parenting orders and the standing of an Independent Children’s Lawyer (ICL) in proceedings that had been remitted for re-trial. The dispute concerned the time the applicant spent with two children, one conceived via artificial insemination using the applicant's sperm and the other using donor sperm, where the first respondent is the biological mother. The respondents sought to vary existing orders that provided for the children to spend time with the applicant, arguing for significantly reduced or discretionary time for the youngest child. The applicant and the ICL opposed this application.

The court was required to determine whether the ICL’s appointment had ceased following the respondents’ successful appeal to the Full Court, despite the matter being remitted for re-trial, and whether the ICL retained standing. Additionally, the court had to consider the respondents’ application for interim orders regarding the children’s time with the applicant, and their separate application for injunctions restraining the applicant from certain actions related to parental responsibility.

Austin J reasoned that rule 8.02(5) of the *Family Law Rules 2004* (Cth) preserved the ICL’s appointment in circumstances where proceedings are remitted for re-trial. The court found that the ICL therefore had standing. Regarding the interim parenting orders, the court noted the existing orders had been complied with until July 2018, and that both children had important relationships with the applicant, with no evidence of risk of harm. Consequently, the respondents’ application for interim orders was dismissed, and the existing orders were to remain in place until the re-trial. The court also dismissed the respondents’ application for injunctions.

The court ordered that the respondents pay the applicant’s costs of the interim hearing on a party/party basis. By consent, the respondents were ordered to ensure the children’s presentation for interview with the ICL. Certain outstanding applications were referred back to the Docket Registrar for further procedural directions.