Pollands and Haberger

In the matter of Pollands and Haberger, Justice Mushin of the Family Court of Australia made orders concerning the interim living arrangements and communication between two children, T and K, and their parents. The proceedings involved applications by both the mother and the father, with an Independent Children’s Lawyer also participating.

The court was required to determine the interim care arrangements for the children, specifically where they would live and the extent of their time and communication with each parent pending further hearings. The court also needed to establish procedural directions for the filing of evidence and submissions by the parties and the Independent Children’s Lawyer.

Justice Mushin ordered that the children live with the father commencing immediately and spend alternate weekends with the mother, with specific changeover arrangements. The mother was also granted limited telephone communication with the children. Procedural orders were made regarding the filing of responses and replies, with a strict limitation on further filings without leave. The court also requested Victoria Legal Aid to consider granting legal aid to the mother due to the unusual nature of the proceedings, and all questions of costs were reserved.