Waverley and Labelle (No. 3)

In the matter of *Waverley and Labelle (No. 3)*, Bennett J of the Federal Circuit Court of Australia considered a dispute between a mother and father concerning their children, B and C. The proceedings arose in circumstances where the children were not returned to the mother's household as required by existing parenting orders.

The central legal issues before the court were whether the parties had complied with previous orders regarding the children's residence and, consequently, what further orders were necessary to ensure the children's welfare and the observance of parenting arrangements. The court also considered the need for the independent children's lawyer to access relevant communications and potentially telephone records.

Bennett J ordered that both the mother and father provide the independent children's lawyer with all communications concerning the children made since 8 November 2018. Leave was granted for the independent children's lawyer to issue subpoenas for telephone records if necessary. The court noted that child B would be returned to the mother's household that night and that the parenting orders of 30 October 2018 would be observed thereafter. The matter was listed for further mention on 22 May 2019, unless the children were not returned to the mother's household, in which case it was to be listed before the judge on 15 November 2018.