Strahan and Strahan (No. 5)

In *Strahan and Strahan (No. 5)*, Strickland J of the Family Court of Australia considered an application concerning the welfare of a child, S. The proceedings involved the husband and wife, with an Independent Children’s Lawyer also filing an application. The core of the dispute revolved around arrangements for the child's time with the husband, particularly in the context of ongoing litigation regarding the child's issues.

The court was required to determine the specific terms of the child's time with the husband, including the duration and timing of these periods. A significant legal issue was the extent to which a therapist should be involved during these periods of time with the husband, including their presence at handovers and during the child's time with the husband. The court also had to consider the implications of these arrangements on existing court orders and the potential consequences of contravening the new orders.

Strickland J's reasoning led to detailed orders specifying the child's time with the husband between December 2007 and February 2008. These orders included precise timings for contact, the roles and presence of a therapist during handovers and contact periods, and restrictions on other individuals being present. The court also made provisions for the therapist's role in relation to evidence and suspended certain prior orders. The court further ordered that neither party could issue a subpoena without leave, underscoring the controlled nature of the proceedings.