Tipper and Todd

This matter concerned an application before Judge Scarlett in the Family Court of Australia, brought by the Applicant Mother against the Respondent Father regarding their child, X. The dispute centred on arrangements for the child's time with each parent.

The court was required to determine the interim parenting arrangements for the child X, including the specific times the child would spend with the Mother. Additionally, the court needed to address the surrender of the child's passport, the independent representation of the child's interests, and the procedural steps for an upcoming interim hearing.

By consent, the court ordered that the previous Order 7 of 16 June 2014 be discharged. The child was to spend time with the Mother each Saturday from 10:00 am to 6:00 pm, with the Mother collecting the child from the Father's residence and the Father collecting the child from the Mother's residence at the commencement and conclusion of this time, respectively. Furthermore, the child was to spend time with the Mother each Sunday from 10:00 am to 3:00 pm, in addition to the Saturday arrangements. The Respondent Father was ordered to surrender the child's passport to the Court within fourteen days. Crucially, the court ordered that the interests of the child X be independently represented by a lawyer, requesting Legal Aid New South Wales to arrange this representation pursuant to Section 68L of the *Family Law Act 1975*. Both parties were directed to file and serve further affidavits by 11 August 2014, and to forward all relevant documents to Legal Aid New South Wales for the Independent Children’s Lawyer. The Independent Children’s Lawyer was granted leave to issue up to ten subpoenas without charge. The application was listed for an interim hearing on 18 September 2014, with specific rules regarding the number and length of affidavits to be relied upon.