WITNALL & BRIXTON

In the matter of *Witnall & Brixton*, heard before Bennett J, the dispute concerned parenting orders and the payment of costs. The applicant father sought sole parental responsibility for the children, that the children live with him, and that the mother's time with the children be reserved. The independent children's lawyer did not oppose these orders.

The court was required to determine whether to grant leave for the final hearing to proceed on 9 January 2012, notwithstanding the respondent mother's potential non-appearance. Additionally, the court considered the method by which the independent children's lawyer's witnesses would give evidence and the service of the court's order. The court also addressed the disbursement of funds held by solicitors, Roberts Beckwith Partners, representing costs reserved on previous dates.

Bennett J ordered that the matter remain listed for final hearing on 9 January 2012, with leave granted to the father and the independent children's lawyer to apply for the matter to proceed to final determination on that day if the mother failed to appear. The court further ordered that the witnesses for the independent children's lawyer give evidence by telephone and that the solicitors for the independent children's lawyer be responsible for serving a copy of the order on Roberts Beckwith Partners electronically. The order was to be sent to the mother via email and to her parents' address. The court also noted that the father's amended application and case summary detailed the parenting orders sought, and that the funds held by Roberts Beckwith Partners were to be paid to the father for costs. The independent children's lawyer did not oppose the father's parenting orders, and neither the father nor the independent children's lawyer required the family consultant for cross-examination.