Prescott and Sanderson (No 2)

This matter concerned proceedings between a father and a mother, with Bennett J presiding. The dispute involved the welfare and living arrangements of the parties' children. The court was asked to make orders regarding the children's time with their father and to address procedural matters related to the final hearing.

The court was required to determine whether to suspend an existing order concerning the children's overnight time with their father. Additionally, the court needed to establish a clear timetable for the filing of evidence, outlines of case, and objections to evidence by both parents and the independent children's lawyer, to ensure the proceedings were ready for a final hearing. The court also considered the need for the Secretary of the Department of Human Services to intervene and for the independent children's lawyer to communicate directly with the child.

Bennett J ordered the suspension of the provision of the previous order concerning the children's overnight time with their father until further order. The court also requested the intervention of the Secretary of the Department of Human Services and directed the independent children's lawyer to provide copies of the order and reasons to Professor S and the Department of Human Services. A detailed schedule of consent orders was made, setting deadlines for the filing of affidavits, amended applications, replies, outlines of case, and objections to evidence by both parents and the independent children's lawyer. The court also directed practitioners to provide clients with detailed information regarding costs and expenses, and to provide copies of these notifications to the court. Further, the court requested the independent children's lawyer to contact the child E at school to inform her of the suspension of overnight arrangements and to arrange a meeting with the children, and requested the school to facilitate this contact and provide attendance records. Finally, the court ordered that particulars of obligations and consequences of contravention of the orders, along with information on assistance, be included in a Fact Sheet attached to the orders.