Sims and Hemming

In the matter of Sims and Hemming, Benjamin J of the Family Court of Australia considered proceedings concerning a child born in August 1995. The dispute involved the welfare and living arrangements of this child and her sister, born in November 2000. The court's orders addressed the independent representation of the older child, interim living arrangements, and prohibitions on certain behaviours by the parents.

The court was required to determine several key issues, including the appropriate representation for the child, interim measures to ensure her safety and well-being, and the terms of contact between the children and their father. Specifically, the court needed to decide on the appointment of an Independent Children’s Lawyer, the conditions under which the children would spend time with each parent, and whether to issue a recovery order for the older child. Additionally, the court addressed the issue of physical discipline and the cohabitation of the parents with other adults.

Benjamin J made a series of orders by consent. These included the appointment of an Independent Children’s Lawyer for the child, with directions for the lawyer to be provided with all relevant documents. The court also imposed interim restrictions on the parties cohabiting with other adults in their principal residence when the children were present, and prohibited discussions of the proceedings in the children's hearing. Crucially, the court restrained both parties from physically disciplining the children. A recovery order was issued authorising the return of the older child to the mother, though its operation was suspended subject to compliance with the court's other orders. The father was directed to inform the child of the court's orders. The court also set out interim weekend time arrangements for the children with the father and adjourned the proceedings for further consideration.