Bouchard and Lyall and Ors

In the matter of *Bouchard and Lyall and Ors*, Cronin J of the Family Court of Australia considered an application by the Independent Children’s Lawyer (ICL) and a related application by the mother concerning the psychiatric assessment of Ms Bouchard. The core of the dispute revolved around the necessity and terms of a psychiatric assessment for Ms Bouchard within the context of ongoing family law proceedings.

The primary legal issue before the Court was whether a psychiatric assessment of Ms Bouchard was warranted, and if so, under what conditions. This included determining who should bear the costs of such an assessment and the scope of information that could be provided to the assessing psychiatrist, particularly concerning existing reports and the psychiatrist's obligation to address any inconsistencies.

Cronin J ordered that Ms Bouchard attend a psychiatric assessment on 20 September 2011, with the costs to be funded by Victoria Legal Aid. The Court further directed that the ICL be at liberty to provide the assessing psychiatrist, Dr D, with background facts and relevant psychiatric and psychological assessments. Crucially, Dr D was to conduct his assessment of Ms Bouchard independently of the provided reports and, in his final assessment, was to highlight any discrepancies between his views and those of previous professionals whose reports were brought to his attention. The ICL's application filed on 15 July 2011, and the mother's application filed on 20 July 2011, were otherwise dismissed.