DOLLARD & HANING

This matter concerned an interim application before the Family Court of Australia, brought by Mr Dollard (the applicant father) against Ms Haning (the respondent mother) regarding their young child, N. The proceedings involved complex issues including allegations of family violence, substance abuse by the parties, and their respective psychological welfare, all of which were to be considered in light of the child's best interests. The immediate question before the court was how the matter should proceed to determination, specifically concerning the preparation of a report to assist the court.

The court was required to determine the terms upon which a report, in the nature of a section 62G report under the *Family Law Act 1975* (Cth), should be prepared. A key point of contention was whether the report writer should be specifically directed to consider whether an observed interaction between the child and the father would cause distress to either the child or the mother, and whether such interaction was in the child's best interests. The court also had to consider the appropriate qualifications and selection process for the individual preparing the report.

Justice Dawe reasoned that in matters of such complexity, with significant factors to be carefully considered, it was appropriate to leave the decision of whether to conduct an observed interaction between the child and the father to the discretion of an experienced and qualified psychologist. The court held that this psychologist, chosen by the Independent Children’s Lawyer, should have full access to all court material, including the Child Responsive Programme Memorandum and the court's reasons, before interviewing the parties and the child. This approach would allow the expert to weigh all relevant factors, including the child's best interests, when deciding if an observed interaction was appropriate.

The court ordered that the Independent Children’s Lawyer be authorised to request an experienced and qualified psychologist of their choice to prepare a section 62G report. This report was to follow interviews with both parties and the child, and after reviewing all available material. The psychologist was then to consider whether to proceed with an observed interaction between the child and the father, with the paramount consideration being the child's best interests. The matter was listed for further directions before Registrar Paxton.