Xiu and Hodges

In the matter of *Xiu and Hodges*, Bennett J of the Family Court of Australia considered applications by both the wife and the husband concerning parenting arrangements and alleged contraventions of court orders. The wife sought leave to proceed with her contravention application, while the husband had also filed a contravention application. Additionally, the wife had filed an Initiating Application concerning parenting orders.

The primary legal issues before the court were whether to grant the wife leave to proceed with her contravention application, how to manage the overlapping contravention proceedings, and the appropriate interim parenting orders to be made in the best interests of the child, K. The court also had to consider the representation of the child's interests and the procedural steps required for the upcoming hearing.

Bennett J granted the wife leave to proceed with her contravention application, adjourning both the wife's and husband's contravention applications to be heard together. Crucially, pursuant to section 68L(2) of the *Family Law Act 1975*, the court ordered that the child K's interests be independently represented by a lawyer, requesting Victoria Legal Aid to arrange this appointment. The court further directed that the independent children's lawyer be appointed in time to make recommendations regarding interim parenting orders by the next return date. Procedural directions were given regarding the filing of documents, including the husband's response to the Initiating Application and any points regarding changed circumstances since 2013. The parties were also granted liberty to issue subpoenas in relation to both the parenting and contravention proceedings.