Musgrove & Panshin

In the matter of Musgrove & Panshin, heard before Judge Scarlett, the applicant sought parenting orders concerning a child. The respondent sought the dismissal of the application, raising allegations of family violence by the applicant and questioning the applicant's standing to bring the application.

The central legal issues before the court were whether the applicant, who was not a biological parent, was a "person concerned with the care, welfare or development of the child" for the purposes of the *Family Law Act 1975*, and consequently, whether the court had jurisdiction to hear the application for parenting orders. The court also considered the need for the child's interests to be independently represented.

Judge Scarlett determined that the applicant had made out a prima facie case that she had standing to bring the application, thereby satisfying the threshold test for jurisdiction. The court applied the principles governing standing under the *Family Law Act 1975*, finding that the applicant's relationship and involvement with the child met the criteria of being a person concerned with the child's care, welfare, or development.

The court declared that the applicant was a person concerned with the care, welfare, or development of the child. It ordered the parties to attend a Child Dispute Conference with a Family Consultant and, pursuant to s 68L of the *Family Law Act 1975*, ordered that the child's interests be independently represented by a lawyer, requesting Legal Aid New South Wales to arrange such representation. The parties were directed to forward all relevant documents to Legal Aid New South Wales for the appointed Independent Children’s Lawyer, who was granted leave to issue subpoenas without charge.