Boccard and Boccard

In the Family Court of Australia, Justice Watts presided over proceedings concerning Ms. Boccard (applicant) and Mr. Boccard (respondent), with Susan Gray acting as the Independent Children's Lawyer for the children H, C, and V Boccard. The dispute centred on the welfare of the children, particularly in light of concerns regarding the father's mental health and alleged threats towards the mother and children.

The court was required to determine the appropriate orders to ensure the safety and well-being of the children, given expert reports indicating the father posed a significant risk. Specifically, the court needed to consider the father's mental state, including a diagnosis of bipolar affective disorder in a manic phase, and his history of threats and breaches of domestic violence orders. The legal issues involved the discharge of existing orders facilitating contact between the father and children, the appointment of a new Independent Children's Lawyer, and the necessity of seeking an involuntary treatment order for the father under Queensland law.

Justice Watts reasoned that the father's behaviour, including direct threats of harm and suicide, coupled with expert opinions highlighting his lack of insight into his mental illness and potential non-compliance with treatment, necessitated urgent intervention. The court found that the father represented a significant risk to the mother and children, supporting the recommendation for no contact. Consequently, the court discharged previous orders allowing contact and ordered that the mother have sole parental responsibility and that the children live with her. The court also directed the discharge of the current Independent Children's Lawyer and the appointment of a new one, who was then to make an urgent application to a Magistrate under section 27 of the *Mental Health Act 2000* (Qld) for a justices examination order for the father.

The court made several orders, including discharging previous contact and appointment orders, appointing a new Independent Children's Lawyer, and authorising this new lawyer to apply for a justices examination order for the father. The court also granted leave for the new Independent Children's Lawyer to access and photocopy subpoenaed material, while self-represented parties were permitted to inspect such material only in the presence of a security guard. The matter was adjourned for a telephone mention.