Mellis and Mellis

In the matter of *Mellis and Mellis*, Bennett J of the Federal Circuit Court of Australia considered a dispute concerning the parenting arrangements for two children, X and Y, and related property proceedings. The court also addressed the implications of an existing intervention order protecting the wife and children from the husband.

The primary legal issues before the court were the determination of the children's living arrangements and parental responsibility, the discharge of an independent children's lawyer, and the management of ongoing property proceedings. The court was also required to consider the husband's participation in the proceedings and the wife's ability to issue further subpoenas.

Bennett J ordered that the children live with the mother and that the mother have sole parental responsibility. The court discharged the appointment of an independent children's lawyer, with a provision for their continued involvement should an appeal be filed. The court also extended time for compliance with a subpoena concerning superannuation and adjourned the outstanding property proceedings, granting the wife leave to make amended applications and issue further subpoenas. Costs were reserved. The court noted that the parenting order meant the father had no enforceable entitlement to spend time with the children, and highlighted the existence of an intervention order prohibiting the husband from attending the vicinity of the protected persons' residence or work.