Bartels and Scholz

The proceedings before Dawe J concerned a dispute between Bartels and Scholz regarding the welfare of their children. The court was required to make orders concerning the conduct of the trial, the preparation of a family report, the filing of evidence, and the arrangements for the children's time with their parents.

The legal issues before the court included determining the future arrangements for the children, including supervised time with the father, and ensuring that all necessary evidence was prepared and presented for the trial. The court also had to consider the need for a Polish interpreter for the mother and the potential involvement of a Dr W and a Worker M from O Children’s Service.

Dawe J made a series of procedural and interim orders. These included setting a trial date, directing the preparation of an updated family report by Dr G, and setting deadlines for the parties to file and serve affidavits. Leave was granted to the Independent Children’s Lawyer to subpoena Dr W, and directions were given for the parties to notify the ICL regarding Dr W's evidence. The court also adjourned the matter to check readiness for trial and explore resolution possibilities. Interim supervised time arrangements for the children with the father were detailed, along with specific collection and delivery instructions. Injunctions from a previous order were continued, and specific variations were made to the children's time with the father on 24 and 26 December 2009. Finally, leave was granted for the mother's solicitors to issue subpoenas to O Children’s Service for documents and the attendance of Worker M, with directions for the provision of evidence if an affidavit was not forthcoming.