NOELLE & FOURNIER

In the Family Court of Australia, Ms Noelle sought a variation of final consent orders concerning her children, S and T. Mr Fournier, the father, was the respondent. The dispute arose from allegations that the father had moved with child T to Western Australia, and that child S had left the father's care and gone to live with the mother in Melbourne. The court noted difficulties in confirming personal service of documents on the father, whose exact whereabouts were unknown.

The court was required to determine how to proceed given the lack of confirmed service on the father and the urgent need to address the children's welfare and living arrangements. Key issues included the best interests of the children, the appropriate interim orders pending further information, and the need for independent representation for the children and potential intervention by relevant government agencies. The court also considered the application of relevant provisions of the *Family Law Act 1975* (Cth) concerning children's best interests in interim proceedings.

Justice Dawe reasoned that, despite the service issues, the court needed to make interim orders to address the immediate welfare of the children. The court acknowledged the complexity of determining children's best interests under section 65DAA of the Act but found that the exception for interim proceedings applied due to limited information and the absence of the father's participation. The court ordered that the previous consent orders relating to child S be suspended during the adjournment, with S to live with the mother. The court also ordered the re-appointment of an Independent Children's Lawyer, requested the intervention of the Minister for Families and Communities (Families SA) to prepare a welfare report, and directed the mother to forward any new addresses for the father to the court by registered post.

The court adjourned the matter to a later date, ordering that the mother provide copies of filed documents to any subsequently known addresses of the father. The court also requested that Families SA provide a report on the children's welfare, drawing on information from relevant authorities in Western Australia and Victoria, and that any reports from Child Protection Services be provided to the parties and the Independent Children's Lawyer. The court further ordered that Families SA be provided with copies of the mother's affidavits filed since the March 2011 consent orders.