BERRINGTON & FARNDALE

In the matter of Berrington & Farndale, Dawe J of the Federal Circuit Court of Australia made orders concerning a child, B, and the mother's participation in ongoing proceedings. The dispute involved the father seeking specific time with the child and the mother's alleged incapacity to participate in a trial.

The court was required to determine the terms of the child's time with the father, whether an injunction should be granted restraining the mother from attending the child's school, and the mother's obligation to provide a medical report detailing her health and its impact on her ability to participate in the trial. Further issues included authorising the Independent Children's Lawyer to confer with the medical practitioner regarding the report, adjourning the matter for consideration of further evidence, and requiring the mother to make submissions on why the trial should not proceed without her participation.

Dawe J ordered that the child B would spend time with the father from the conclusion of school on the day of the order until the conclusion of school on Friday, 25 July 2014. An injunction was granted restraining the mother from attending the child's school during that week. The mother was ordered to obtain a full medical report from Dr A concerning her physical, psychological, and mental condition and its impact on her ability to participate in the trial. The Independent Children's Lawyer was authorised to confer with Dr A regarding the report's preparation and costs, with the mother's consent. The matter was adjourned to 22 July 2014 for consideration of further evidence on the mother's alleged inability to participate. The mother was required to attend, in person or by telephone, to make submissions on why the trial should not proceed without her participation. The mother's Application in a Case filed on 18 July 2014 was dismissed.