CHRANLEY & SMART

In the matter of *Chranley & Smart*, heard before Dawe J, the father filed two applications in a case. The first application sought an independent family assessment and an investigation into the mother's allegedly false affidavits and statements, alleging she had misled a family assessment and engaged in contemptuous behaviour. The father also sought that the mother be reported to the authorities for emotional and psychological abuse of the children. The second application sought the removal of the Independent Children’s Lawyer (ICL), with the father alleging the ICL failed to disclose the mother's alleged false affidavits, disregarded video and photographic evidence, perverted the course of justice, showed bias, and failed in his duty of care and adherence to guidelines.

The court was required to determine whether to grant the father's applications for an independent family assessment and an investigation into the mother's conduct, and whether to remove the ICL based on the father's allegations.

Dawe J dismissed both applications. Regarding the first application, the court found no proper basis to order an independent family assessment or to initiate an investigation into the mother's conduct or report her to authorities. Similarly, concerning the second application, the court found that the father had not established a proper reason to discharge the Independent Children’s Lawyer, implicitly finding the allegations against the ICL to be unsubstantiated or insufficient to warrant removal.

Consequently, the court ordered that the Application in a Case filed by the father on 21 September 2009 be dismissed, and the Application in a Case filed by the father on 1 October 2009 be dismissed.