Watson and Morton

In the matter of Watson and Morton, Brown J considered an application by the husband, who was terminally ill, for orders concerning contact with his children, J and K. The dispute centred on the husband's desire to spend time with his children before his death and the court's obligation to consider the children's best interests in this sensitive context.

The primary legal issues before the court were whether to grant the husband leave to amend his application to seek specific orders regarding contact, and how to best ensure the children's views and welfare were independently represented and considered. This involved determining the appropriate mechanism for appointing an independent children's lawyer and for obtaining a report from a family consultant regarding the children's wishes and general welfare.

Brown J reasoned that the terminal illness of the husband necessitated a compassionate approach to the children's contact, while upholding the paramountcy of their best interests. The court exercised its discretion under the *Family Law Act 1975* to appoint an independent children's lawyer to represent J and K, requesting Victoria Legal Aid to arrange this representation. Furthermore, the court ordered that a family consultant assess the children's views, with the consultant having discretion over how and with whom they met, and the report's findings to inform further consideration of the husband's application. The matter was adjourned to allow for the preparation of this report and the independent children's lawyer to be appointed.