SANTER & SANTER

In the matter of *Santer & Santer*, Justice Macmillan of the Federal Circuit and Family Court of Australia made orders concerning the interim arrangements for children and the conduct of cross-examination. The dispute involved the parents' arrangements for their two children, born in 2009 and 2012, and the procedural requirements for cross-examination in family law proceedings.

The court was required to determine the specific arrangements for the children to attend a psychologist appointment for an updated family report, including the timing and location of changeovers. Additionally, the court needed to address the application of section 102NA(2) of the *Family Law Act 1975* (Cth) to any cross-examination within the proceedings, and to ensure the parties were aware of their obligations and available support services in relation to this section.

Justice Macmillan ordered that the children spend time with the Husband from Sunday 16 February 2020 until after their psychologist appointment on Monday 17 February 2020, suspending a prior order to facilitate this. Changeovers were to occur in a specified town unless the children were returned to school on Monday. The court also mandated that the Mother file a notice of her new practitioner or her intention to proceed unrepresented by 4pm on Friday 21 February 2020. Crucially, the court noted that section 102NA(2) of the *Family Law Act 1975* would apply to any cross-examination, meaning neither party could cross-examine the other personally, and any such examination must be conducted by a legal practitioner. The parties were informed of the availability of the Commonwealth Family Violence and Cross-Examination of Parties Scheme and that the court would provide a copy of the orders to Victoria Legal Aid, which administers the scheme.