Eastley & Eastley

In the matter of *Eastley & Eastley*, heard by Gill J, Mr Eastley was the applicant and Ms Eastley was the respondent. The proceedings concerned children X and Y.

The central legal issue before the court was the extent to which an expert, appointed to assist the court in family law proceedings concerning children, could direct the nature and conduct of observations involving the children and their parents. Specifically, the court considered whether the expert should have the liberty to determine when and with whom the children should be observed, and to direct the parents regarding attendance and the continuation or cessation of observations.

Gill J amended the existing Terms of Reference for the expert. The court's reasoning focused on empowering the expert to conduct observations in a manner they deemed appropriate for the children's best interests. This included granting the expert the liberty to direct the parents and children regarding attendance for observations and to terminate observations if necessary. The court also directed the parties to file submissions on the application of the Opinion Rule to the proceedings.

The court ordered amendments to the Terms of Reference, inserting provisions that allowed the expert to determine the appropriateness of observations with each parent, to direct parents and children regarding attendance, and to cease observations if deemed necessary. The mother and father were also ordered to file submissions on the Opinion Rule.