Arcadis & Arcadis

In the matter of Arcadis & Arcadis, heard by Burchardt J, the applicant, Ms Arcadis, sought summary dismissal of proceedings brought by the maternal grandparents of two children, aged 14 and 12. The children were residing with the grandparents, and the dispute arose in circumstances where there were significant concerns regarding the mother's mental health, and the children had expressed a clear reluctance to see her.

The central legal issues before the court were whether the children should undertake therapeutic counselling to assess the practicability of future time with their mother, and whether the application for summary dismissal should be granted. The court was required to consider the best interests of the children in light of their expressed views and the mother's mental health challenges.

Burchardt J reasoned that the children's welfare was paramount and that it was in their best interests to explore whether supervised or therapeutic time with their mother could be facilitated. The court determined that an assessment through counselling was a necessary step before considering summary dismissal. Consequently, the application for summary dismissal was not granted.

The court made orders for the matter to be adjourned for mention, with existing final orders to remain in force. Crucially, the court ordered that the interests of the children be independently represented by a lawyer, requesting Victoria Legal Aid to arrange this. Further orders directed the parties and children to attend upon a psychologist for family therapy, with the costs to be borne by the mother, and granted liberty to provide a section 11F report to the psychologist.