Alberton & Alberton

This matter concerned an application before Dawe J in the Family Court of Australia, involving the parents of a child, E. The dispute revolved around the welfare of E, particularly concerning allegations of Attention Deficit Hyperactivity Disorder, tic, and Asperger’s Disorder, and the arrangements for E's residence, time with each parent, and parental responsibility.

The court was required to determine the appropriate interim orders regarding E's living arrangements, time spent with each parent, and the extent of parental responsibility. A key issue was the need for an independent medical assessment of E's alleged conditions and the process for obtaining such an assessment, including the involvement of the Independent Children’s Lawyer and the parties' obligations regarding information sharing and expert evidence. The court also had to consider the implications of joint parental responsibility and the need for both parents to be informed about E's education and medical treatment.

Dawe J discharged previous orders and made new interim orders pending a final hearing. These orders stipulated that E would live with the father, with specific arrangements for E to spend time with the mother during school terms and holidays. Crucially, the court ordered an independent medical assessment of E's conditions, with strict limitations on obtaining further expert evidence without a judge's order. Both parents were granted joint shared parental responsibility, requiring them to confer and share information regarding E's education and medical care. The court also imposed an injunction preventing the removal of E from Australia or South Australia without consent and ordered the mother to have telephone contact with E on specified evenings. The court further recommended a drug and alcohol assessment for the mother and granted the father liberty to issue a subpoena for documents from Uniting Care Wesley.