DREWETT & WELSH

Case

[2013] FamCA 342

7 May 2013


Details
AGLC Case Decision Date
DREWETT & WELSH [2013] FamCA 342 [2013] FamCA 342 7 May 2013

CaseChat Overview and Summary

In the matter of *Drewett & Welsh*, heard before Dawe J, the dispute concerned orders relating to a child, K, born in October 2006. The proceedings involved applications by the parents concerning K's welfare and education.

The court was required to determine the arrangements for K's independent representation, the scope of that representation, and the parties' ability to alter K's school enrolment. Additionally, the court considered applications for leave to provide court documents to various professionals and the adjournment of further consideration of specific aspects of the father's application.

By consent, the court ordered that K be independently represented by an Independent Children’s Lawyer, to be arranged by the Legal Service Commission of South Australia. Both parties were directed to provide copies of their filed documents to the Commission within seven days to expedite this appointment. The Independent Children’s Lawyer was authorised to communicate with K's school regarding observations of K's behaviour and the strategies employed by school staff. Furthermore, an injunction was granted restraining both parents from changing K's school enrolment without the other's written consent or a court order. The father was granted leave to provide affidavits to Professor C and Dr D, and the mother was granted leave to provide affidavits to Dr E and Dr F. Further consideration of the father's amended application was adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Procedural Fairness

  • Standing

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