Sandmeier and Sandmeier

This matter concerned parenting arrangements for the children of the marriage, [D], [E], [F], and [G], and child support obligations. The parties, the mother and father, sought consent orders from Johnston J of the Family Court of Australia. The proceedings also involved an Independent Children’s Lawyer.

The court was required to determine the terms of consent orders relating to family therapy and counselling for the children, the costs associated with these services, and the role of the Independent Children’s Lawyer in liaising with the therapists. Additionally, the court needed to address the father's application to set aside a Binding Child Support Agreement, including interim child support payments and the stay of enforcement actions. The court also considered a proposed overseas trip for the children and the father's passport.

Johnston J made orders by consent. These included directions for the parents and children to attend family therapy and counselling, with the father to pay the costs in the first instance. The Independent Children’s Lawyer was granted leave to discuss attendance and progress with the therapists. The court also ordered that the father pay $1,000 per week in child support and continue to meet school fees and extra-curricular costs pending the determination of his application to set aside the Binding Child Support Agreement. Enforcement action by the Registrar Child Support was stayed, but future action was not. The court requested expedition in allocating a date for a Less Adversarial Trial and requested the return of the father's passport and the discharge of a departure prohibition order. The mother was permitted to take the children out of Australia for a wedding, with provisions for the father to care for any child who did not wish to attend.