Menkes and Menkes

In the matter of *Menkes and Menkes*, heard before Le Poer Trench J, the dispute concerned parenting arrangements. The mother sought to dismiss a parenting application filed by the father.

The primary legal issue before the Court was whether the mother's application for dismissal of the father's parenting application should be granted. In addition, the Court considered the procedural steps necessary to ensure the best interests of the children were adequately represented and investigated.

Le Poer Trench J dismissed the mother's application for dismissal, indicating that the father's parenting application would proceed. The Court then, on its own motion, appointed an Independent Children's Lawyer (ICL). Further directions were given to ensure the ICL was properly appointed and briefed before the Family Consultant engaged with the parties. The ICL was granted leave to inspect the court file, take photocopies, and issue subpoenas for relevant material. Crucially, the ICL was not to interview the children until further order. The ICL was also directed to consult with the parties' legal representatives regarding potential subpoenas and recommendations for professional interviews.