Cavan and Cavan

In the matter of *Cavan and Cavan*, Watts J of the Family Court of Australia made orders concerning the parenting of three children, X, Y, and Z, born in 2004, 2006, and 2011 respectively. The proceedings involved the Mother, Ms Cavan, and the Father, Mr Cavan, who were in dispute regarding parenting arrangements.

The central legal issues before the Court were to determine the best interests of the children, particularly in light of allegations concerning the Father's alcohol use and its impact on his parenting capacity. The Court also considered broader issues relating to the children's welfare, including risk of harm, their relationships with each parent, and each parent's ability to meet the children's needs. The Court was required to assess the Father's alleged alcohol misuse, potential treatment recommendations, and monitoring mechanisms, as well as the impact of any such issues on his parenting.

To address these issues, Watts J appointed Ms F, a Clinical and Forensic Psychologist, as a Single Expert Witness. The Court directed the parties to facilitate the preparation of the expert's report, including attending interviews and making the children available. The expert was specifically requested to assess the Father's alcohol use, its effect on his parenting capacity, and to make recommendations for treatment and monitoring if issues were identified. The Father was ordered to undergo urinalysis for EtG alcohol screening and to submit to regular liver function and CDT tests at his own expense, with results to be provided to his solicitor and the Independent Children's Lawyer, who would then forward them to the Court Expert. The expert was also directed to consider a comprehensive list of factors relevant to the children's welfare, including their safety, relationships, and the parents' capacity to provide care.

The parties were ordered to be jointly liable for the costs of the Court Expert's report, with each to pay one half of the estimated fees into a trust account. Provisions were made for the return of any surplus funds or the payment of any shortfall. The Independent Children's Lawyer was granted leave to photocopy subpoenaed material for the Court Expert without charge. Liberty to apply was granted on 14 days' notice.