Mortone and Mortone (No 2)

This matter came before Le Poer Trench J concerning proceedings between the parties, Mortone and Mortone. The dispute involved the welfare of two children, L and H.

The court was required to determine whether to continue existing orders, stay a recovery order issued to the Australian Federal Police concerning child H, and whether to request the intervention of state child welfare authorities in New South Wales and Queensland regarding the welfare of children L and H respectively. The court also considered the role of the Independent Children's Lawyer for child H and awaited a psychiatric report.

Le Poer Trench J ordered that the previously made orders of 21 January 2011 were to continue. A stay was granted on the recovery order issued to the Australian Federal Police concerning child H, pending further order, with notification to be provided to the AFP. The court formally requested the intervention of the Director-General of the Department of Human Services, Community Services in New South Wales, and the Director-General of the Department of Communities (Child Safety Services) in Queensland, pursuant to section 91B of the *Family Law Act 1975*, to consider the welfare of children L and H. The Registry Manager was directed to permit inspection and copying of the court file by authorised persons from these departments upon their request. The registrar was also to provide each Director-General with copies of the current and previous orders and reasons, along with contact details for the Independent Children's Lawyer. The court declined to release the Independent Children's Lawyer from acting for child H at that time and noted the pending receipt of an update report from a psychiatrist.