Grable and McCornish

In the Family Court of Australia, the applicant, Mark Grable, and the respondent, Ms McCornish, were involved in proceedings concerning their child, A. The Independent Children's Lawyer, Mr Emerson, also participated in the case. The dispute centred on arrangements for the child, particularly in light of concerns regarding the father's health and conduct.

The court was required to determine the immediate living arrangements for the child, A, and to consider the implications of the father's apparent ill health and inability to participate in the proceedings. The court also needed to address the father's legal representation, which had become untenable due to a conflict of interest arising from his condition. Further issues included the provision of support and counselling for the child and the management of subpoenaed documents.

Justice Bell reasoned that the father's absence and inability to provide instructions, coupled with concerns about his health, necessitated a change in the child's primary care. The court noted that while some allegations had been made regarding the father's behaviour, a psychiatrist's report suggested he did not suffer from a psychiatric illness, though other medical opinions had expressed concern. Given the circumstances, the court deemed it essential to remove the child from the father's care and place the child with the mother. The court also authorised the Independent Children's Lawyer to share relevant documents concerning the father's health with relevant authorities and requested a report on the child's adjustment.

The court ordered that the mother have sole parental responsibility for the child until further order. The father's legal representatives were granted leave to withdraw. Ms C was requested to be available to assist the mother and to provide counselling to the child. The Independent Children's Lawyer was granted leave to inspect and copy subpoenaed documents, and all subpoenas were enlarged. The Independent Children's Lawyer was authorised to forward relevant documents, particularly those concerning the father's health, to Dr M and the Department of Community Services. Ms C was requested to interview the child in approximately six weeks to assess her settlement and provide a report. All parties were ordered to attend upon Dr M if required, and the matter was adjourned to 4 May 2011.