Osferatu and Osferatu

This matter came before Rose J concerning proceedings between the husband and wife regarding their children, S, B, and E. The dispute involved interim orders concerning the children's living arrangements, communication between the parents, and the appointment of experts. The court was asked to make orders by consent and also to determine specific interim orders sought by the wife concerning contact arrangements.

The legal issues before the court included the appointment of an independent children's lawyer and a court-appointed psychiatrist to report on the welfare and best interests of the children, pursuant to sections 68L and Part 15.5 of the Family Law Act 1975 (Cth) respectively. The court also had to consider orders restraining the parties from discussing certain matters with any person, particularly concerning the parentage of E, and orders regulating communication between the parties and with the children. Finally, the court was required to determine interim contact arrangements for each of the three children.

Rose J made interim orders by consent, including the appointment of Glenn Thompson as an independent children's lawyer, with the husband to pay all fees in the first instance, reserving the wife's liability to the trial judge. A psychiatrist, Dr W, was also appointed as a court expert to report on various aspects of the children's welfare, with similar arrangements for fee payment. The court also made orders restraining both parties from discussing aspects of E's parentage, except with legal or medical professionals or in court, and noted the desirability of the Local Court hearing AVO proceedings in camera. Further consent orders regulated communication between the parties, restricted denigration of the other parent to the children, and limited contact with the children to three times per day. The court then made interim orders regarding the living arrangements for S, B, and E, with specific provisions for weekdays, weekends, and tutoring times, noting the wife's intention to optimise time together and align with tutoring.

The proceedings were adjourned to a date to be fixed, with the possibility of restoration to the list on three days' notice. The costs of the interim orders were reserved.