Edmonds and Whyte and Anor

In the Federal Circuit Court, Judge Burchardt considered an application to set aside previous orders made in the absence of the father. The dispute concerned arrangements for the children, X and Y, who had not spent time with the father since June 2017. The court also addressed the need for a forensic paediatric psychiatric assessment of child X, who was receiving treatment for anxiety.

The primary legal issues before the court were whether to grant the application to set aside the previous orders, the appropriate interim arrangements for the children, and the terms of a forensic paediatric psychiatric assessment for child X. The court was required to determine these matters in accordance with the best interests of the children, considering the circumstances of the father's absence from previous proceedings and the child's mental health needs.

The court reasoned that setting aside the previous orders was appropriate to allow the father to participate in proceedings and to ensure a fair determination of the parenting arrangements. The court ordered that child X attend a forensic paediatric psychiatrist for a comprehensive assessment, with specific reference to the child's history, any psychiatric or personality disorders, and the potential link between the child's condition and the father's involvement. The court also directed the father to provide an affidavit explaining his previous missed supervised time periods and set timelines for the filing of further affidavits by the parties.

The court made orders for the matter to be adjourned for a final hearing, with directions for supervised time to be arranged and for the parties to cooperate in filing necessary documents. The costs of the forensic paediatric psychiatric report were to be borne by the Independent Children's Lawyer, with a request for funding from Victoria Legal Aid. The court also noted that particulars of obligations and consequences for contravention of the orders were attached.