Milford and Bicksall

In the matter of Milford and Bicksall, Bennett J of the Family Court of Australia made directions and orders concerning the welfare of the child S. The proceedings involved disputes between the parents regarding parenting arrangements and the child's best interests.

The court was required to determine several legal issues, including the need for independent representation for the child, the process for obtaining and inspecting subpoenaed documents, and the appropriate interim parenting orders. The court also considered the necessity of medical assessments for both parents and the child, as well as specific health and substance use testing for the parents.

Bennett J applied principles of the *Family Law Act 1975*, particularly concerning the best interests of the child and the appointment of an independent children's lawyer. The court directed that subpoenas for documents be issued by a specific date and made them returnable shortly thereafter, with a process for objection to release. Crucially, an independent children's lawyer was appointed to represent the child S, with a request to the Legal Aid Commission of Tasmania for urgent arrangement of this representation. The court also made detailed interim parenting orders, including provisions for the child's residence, time spent with each parent, communication, and attendance at playgroup. Further orders mandated specific medical and substance use testing for the parents, with reports to be provided to the independent children's lawyer. The court also included a fact sheet detailing the obligations and consequences of contravening the orders.