EAKINS & JALOMO

This matter concerned an application before Judge Young concerning the welfare and best interests of a child, X, born in 2014. The proceedings involved the child's parents, identified as the father and the mother, and the court was satisfied that the father had been informed he would not be permitted to cross-examine the mother personally at trial, indicating the application of section 102NA(1)(c)(ii) of the relevant Act.

The court was required to determine a range of orders concerning the child's time with the father, the parents' participation in parenting programs, and the preparation of an updated family report. Specifically, the court needed to address the practical arrangements for the child's contact with the father, the attendance of both parents at specific parenting courses, and the scope and process for obtaining a new family report, particularly in light of previous report interviews being affected by the COVID-19 pandemic. The court also had to consider the matters to be addressed within the family report, including the child's views, relevant legislative provisions under the Family Law Act 1975, and any other factors pertinent to the child's welfare.

In its reasoning, the court made orders for supervised child contact at a children's contact centre, mandating attendance at parenting programs for both parents, and directed the preparation of an updated family report by a nominated family consultant. The report was to address the child's wishes, statutory considerations under sections 60CC, 61DA, and 65DAA of the Family Law Act 1975, and other welfare-related matters. The court also set out detailed procedural requirements for the report's preparation, including the provision of documents, confirmation of attendance, and the potential release of the report to specified external bodies, subject to objection and statutory confidentiality provisions. The matter was ultimately adjourned for further directions.