Wollam and Backen

In the matter of *Wollam and Backen*, Rees J of the Family Court of Australia made orders concerning the parenting arrangements for six children and related financial matters. The proceedings involved disputes between the applicant and the respondent regarding the children's living arrangements, time spent with each parent, and the protection of the children's welfare. The court also addressed issues of spousal maintenance and the preservation of assets.

The court was required to determine the primary residence of the children, the schedule for their time with each parent, and to implement measures to safeguard their well-being. This included orders regarding physical discipline, denigration of parents, communication about proceedings, and access to court documents. Furthermore, the court considered the appointment of an independent children's lawyer, the necessity of mediation, and the financial aspects of the dispute, including spousal maintenance and the respondent's financial position.

Rees J applied principles of family law to make orders aimed at the best interests of the children. The court ordered that the children live with the respondent, with specific provisions for the applicant's time with them. Crucially, an independent children's lawyer was appointed to represent the children's interests. The court also imposed significant restraints on both parents, including prohibitions against physical discipline, denigration of the other parent, and discussing proceedings with the children. By consent, orders were made to prevent the children's departure from Australia, including placing their names on a family law watch list and requiring their passports to be held by the respondent's solicitor. The court also made orders restraining the respondent from disposing of certain assets pending further determination, contingent on the applicant undertaking to pay any damages arising from interlocutory injunctions.