Waine and Ferber

In the matter of *Waine and Ferber*, heard by Judge Harman, the proceedings concerned parenting orders for a child, [X], born in 2011. The dispute involved allegations of alcohol abuse, family violence, and potential child abuse, impacting the child's best interests and the parents' capacity to care for [X]. The court was required to determine how best to protect the child and ascertain her views in light of these serious allegations.

The court was required to determine several key legal issues. Firstly, it needed to consider the appropriate case management and dispute resolution mechanisms to address the complex allegations and the child's welfare. Secondly, the court had to decide whether to appoint an Independent Children’s Lawyer (ICL) and, if so, on what basis and with what powers. Finally, the court was tasked with making interim orders regarding the child's time with her father, suspending prior orders pending further investigation and determination.

In its reasoning, the court applied provisions of the *Family Law Act 1975*, including section 11F to direct the parties to attend a Child Inclusive Child Dispute Conference with a Family Consultant. This was intended to facilitate agreement and identify issues for determination, with the consultant to report on any agreements, outstanding issues, and the child's views. Crucially, the court exercised its power under section 68L to appoint an Independent Children’s Lawyer for [X], citing concerns about alcohol abuse, family violence, the child's tender years, her expressed views, and potential undue influence on those views. The court also made interim orders suspending prior parenting orders concerning the child spending time with her father, pending further orders.