PINFOLD & CRAMMOND

In the Family Court of Australia, Judge Morley considered proceedings between Pinfold & Crammond concerning the welfare of two children, Y (born 2013) and X (born 2010). The primary dispute revolved around arrangements for the children, with specific concerns raised regarding parental conduct and potential abuse.

The court was required to determine the necessity of appointing an Independent Children’s Lawyer (ICL) to represent the interests of the children. Further issues included the scope of the ICL's information-gathering powers, including the ability to request documents and information from the parties, and to meet with the children. The court also had to consider the basis for such an appointment, particularly in light of allegations of anti-social tendencies, a history of litigation, and allegations of sexual abuse. Finally, the court needed to decide whether to transfer the proceedings to the Family Court of Australia and request their listing in the Magellan List.

Judge Morley ordered the appointment of an ICL pursuant to s 68L of the *Family Law Act 1975*, requesting the Legal Aid Commission of NSW to facilitate this, with a preference for Mr Mark Whelan, who had previously acted as ICL. The court stipulated that parties must provide the ICL with requested parenting questionnaires, information, and all relevant documents, including medical, psychological, and school reports. Parties were also directed to present the children for meetings with the ICL as requested. Leave was granted to the ICL to inspect the court file and issue further subpoenas, with no limit on the number. The appointment was based on identified issues including parental anti-social tendencies, a history of litigation, and allegations of sexual abuse by a partner.

By consent, the court made orders in accordance with a 'Draft Consent Orders' document. The proceedings were transferred to the Family Court of Australia, Sydney Registry, pursuant to s 39 of the *Family Law Act 1975*, with a request for prompt attention by the Magellan List Registrar for listing and directions.