Barton and Barton

In the matter of Barton and Barton, Loughnan J considered orders concerning a child. The dispute involved the parents' arrangements for the child's medical treatment and therapy, and the process for making referrals and obtaining reports.

The court was required to determine the terms of orders governing the parents' communication and decision-making regarding the child's healthcare, including the notification requirements for referrals to medical practitioners and therapists, and the process for obtaining updated expert reports. The court also had to address the practicalities of obtaining such reports and the allocation of costs.

Loughnan J made orders restraining each parent from referring the child to any medical practitioner or therapist without providing the other parent with 14 days' advance notice of the reason for the referral and the practitioner's details. The court directed the Independent Children’s Lawyer to arrange for an updated report from a single expert, Dr A, considering the practicality of observing the father and child, either in person or electronically. The parents were ordered to cooperate in authorising communication between Dr A and any treating medical practitioners. Further orders detailed the exchange of information regarding therapy prescriptions and the process for agreeing to or disputing such referrals, with leave granted to restore the proceedings for trial date allocation once the timetable for Dr A's report was known. The costs of the updated report were to be shared equally. The mother was also ordered to provide details of any therapists or medical practitioners treating the child, other than the general practitioner, and copies of any relevant reports.