Schultes and Schultes

In *Schultes and Schultes*, heard by Judge Harland of the Federal Circuit Court of Australia, the dispute concerned parenting arrangements for a child and related matters. The court was required to determine the best interests of the child, including issues of independent representation for the child, living arrangements, and occupation of the family home.

The court's reasoning focused on ensuring the child's welfare and safety. Pursuant to section 68L(2) of the *Family Law Act 1975*, the court ordered independent representation for the child, directing Victoria Legal Aid to arrange this and setting out specific procedural requirements for the independent children's lawyer. The court also made orders regarding the child's living arrangements, stipulating that the child live with the father and spend alternate weekends with the mother. Furthermore, the father was granted sole occupation of the family home pending further order.

In addition to the parenting orders, the court addressed potential inconsistencies with family violence orders, declaring any such inconsistent order invalid under section 68Q of the *Family Law Act 1975*. The court also issued injunctions restraining both parties from denigrating the other, discussing the proceedings with or in the presence of the child, or permitting others to do so. The court directed that a copy of the orders and reasons be provided to the Registrar of the Magistrates’ Court of Victoria.