Xiu and Hodges

In *Xiu & Hodges*, the Family Court of Australia considered applications by both the wife, Ms. Xiu, and the husband, Mr. Hodges, to withdraw their respective contravention applications. The proceedings also involved an application by the wife to vary existing final parenting orders and a determination regarding the validity of a family violence order made in the Magistrates Court in light of previous Family Court orders. The Independent Children's Lawyer (ICL) was also involved in the proceedings.

The court was required to determine whether to grant leave for the withdrawal of the contravention applications, the validity of a family violence order in relation to existing Family Court orders, and the scope of issues to be determined at a future final hearing for the wife's amended application. The court also needed to consider the attendance of both parents at psychiatric assessments and the specific issues to be addressed in those assessments and at the final hearing, given the escalation of conflict between the parties, including the filing of intervention order proceedings against each other.

Justice Dessau granted leave for both parties to withdraw their contravention applications, noting that the parties had reached an agreement on this matter. The court declared that to the extent a family violence order made in the Magistrates Court was inconsistent with prior Family Court orders of 8 June 2011, the family violence order was invalid, and directed the ICL to forward these orders to the relevant court registrars. The court also determined that new facts and circumstances warranted limiting the issues for the final hearing to specific matters concerning the parties' relationship since June 2011, their compliance with orders, the child's progress and school attendance, each parent's psychiatric condition, and any new physical risks to the child. The wife's amended application was adjourned for a final hearing, with directions for the filing of responses, psychiatric assessments, trial affidavits, and minutes of final orders.