Esmat and Ridgewell

In the matter of Esmat and Ridgewell, Watts J considered issues arising from child custody arrangements. The dispute involved allegations of child abuse and family violence, with the mother filing notices concerning these matters. The court was required to determine the best interests of the child in light of these serious allegations and to manage the ongoing proceedings, including the appointment of an expert and the issuance of subpoenas.

The court's primary determination was to appoint Dr C as a single expert under Chapter 15 of the *Family Law Act*. This expert was directed to prepare a report addressing matters relevant to the child's welfare, specifically focusing on the allegations of child abuse and family violence raised by the mother, the mental status of both parents, and the potential benefit of further therapy for the parents and child. The court also addressed the practicalities of this appointment, including communication with the child's counselor and the division of costs for the expert's report between the parties, with Legal Aid NSW expected to cover one half.

Furthermore, Watts J found that the mother had contravened previous court orders without reasonable excuse on several specified dates. The court also granted leave for the mother to issue subpoenas concerning the father's employment history and telephone records, and for the father to issue a subpoena for the mother's telephone records. The sentencing hearing for the mother's contraventions was adjourned pending the receipt of Dr C's report. The mother was granted leave to make a written application for a stay of current orders, with a timetable set for the filing of supporting and responding affidavits. The matter was ultimately adjourned for further consideration.