Grange and Langmeil

In proceedings before Dawe J of the Family Court of Australia, the mother sought leave to issue a subpoena to the South Australian Police for documents concerning the parents and children, and requested the intervention of the Minister for the Department for Families and Communities – Families SA. The father had also made an application, to which the mother sought to respond.

The court was required to determine whether to grant the mother leave to issue the subpoena, whether to request the intervention of the Minister for Families and Communities, and how to manage the filing and service of affidavits by both parties. The court also needed to consider the appropriate arrangements for the children during the adjournment.

Dawe J granted the mother leave to issue the subpoena to the South Australian Police, subject to specific time limits for issuance and service, and made it returnable before a Registrar. The court also formally requested the intervention of the Minister for Families and Communities, requiring a representative to attend the next court event to explain the Minister's intentions regarding intervention. The mother was granted leave to file an affidavit in response to the father's application, with strict filing and service deadlines. The father was also given a deadline to file any responding affidavit material.

The court ordered that further consideration of the matter be adjourned to a specified date and time. Crucially, the court ordered that the time spent with the children by the mother was suspended during the period of the adjournment.