CAREW & CAREW

In the Family Court of Australia, Watts J considered applications by both the mother, Ms Carew, and the father, Mr Carew, concerning interim parenting orders. The mother sought to travel with the children to the United States of America between 28 December 2010 and 26 January 2011, while the father also sought separate interim orders. The court also addressed issues relating to expert evidence and access to material relied upon by witnesses.

The primary legal issues before the court were whether the mother's application for overseas travel with the children should be granted, and the circumstances under which further expert evidence could be appointed, particularly where psychiatric diagnoses differed, and what constituted a "special reason" for such an appointment under rule 15.49(2)(c) of the Family Law Rules. Additionally, the court considered the wife's request for access to material used by the husband's witnesses in their affidavit evidence.

Watts J made a series of consent orders and specific directions. The mother was granted sole parental responsibility for obtaining passports for the children, and the father was ordered to provide executed passport applications. The mother was permitted to remove the children from Australia for the specified travel period to the United States. The hearing of the husband's response was adjourned to be heard concurrently with the final hearing. Leave was granted for the husband to rely on a report from Dr R, with specific limitations on its use concerning statements about the husband's impairment. Further conditions were imposed on this leave, including the provision of instructions, notes, and a joint statement from Dr R and Dr W, who was to prepare an updated report. The court also ordered the husband to provide financial and accounting documents, as well as instructions and documents relating to specific deponents, and to provide particulars regarding warranty liabilities. Leave was granted to the wife to issue subpoenas for certain documents. The matter was adjourned for further consideration.