GWEN & TAYLOR
Case
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[2011] FamCA 124
•14 February 2011
Details
AGLC
Case
Decision Date
GWEN & TAYLOR [2011] FamCA 124
[2011] FamCA 124
14 February 2011
CaseChat Overview and Summary
This matter came before Murphy J concerning parenting orders sought by the father. The dispute involved the mother's opposition to any interim time being granted to the father, while the father sought either interim time or, in the alternative, supervised time for one hour per week. The court was required to make directions regarding the hearing of the father's application for interim parenting orders and to address various procedural and investigative steps necessary for the progression of the case.
The court was tasked with determining the appropriate interim parenting arrangements, including the extent of any contact between the father and the child. Furthermore, the court needed to establish a framework for the preparation of expert reports, specifically a Family Report by a psychologist and a report from a psychiatrist, as well as a report concerning supervision and contact pursuant to section 65L of the *Family Law Act 1975*. The court also had to consider the Independent Children's Lawyer's role in obtaining information through subpoenas and the father's compliance with random drug screening.
Murphy J ordered that the father's application for interim parenting orders be heard by the Principal Registrar on 22 March 2011. The mother was directed to file and serve any additional affidavit material relevant to the interim application by 4 March 2011. The matter was adjourned for further directions to a Magellan Registrar, with the possibility of a telephone hearing for the final hearing. The court vacated previously scheduled interviews for a Family Report and ordered that an independent single expert psychiatrist and a psychologist appointed by the Independent Children's Lawyer prepare reports concerning the parties and the child. The court also authorised the Independent Children's Lawyer to publish relevant documents and information, and granted leave to issue subpoenas to various state agencies and health and educational facilities. Until further order, the father was required to submit to random drug screening tests as requested by the Independent Children's Lawyer, with specific protocols for sample collection, testing, and reporting.
The court was tasked with determining the appropriate interim parenting arrangements, including the extent of any contact between the father and the child. Furthermore, the court needed to establish a framework for the preparation of expert reports, specifically a Family Report by a psychologist and a report from a psychiatrist, as well as a report concerning supervision and contact pursuant to section 65L of the *Family Law Act 1975*. The court also had to consider the Independent Children's Lawyer's role in obtaining information through subpoenas and the father's compliance with random drug screening.
Murphy J ordered that the father's application for interim parenting orders be heard by the Principal Registrar on 22 March 2011. The mother was directed to file and serve any additional affidavit material relevant to the interim application by 4 March 2011. The matter was adjourned for further directions to a Magellan Registrar, with the possibility of a telephone hearing for the final hearing. The court vacated previously scheduled interviews for a Family Report and ordered that an independent single expert psychiatrist and a psychologist appointed by the Independent Children's Lawyer prepare reports concerning the parties and the child. The court also authorised the Independent Children's Lawyer to publish relevant documents and information, and granted leave to issue subpoenas to various state agencies and health and educational facilities. Until further order, the father was required to submit to random drug screening tests as requested by the Independent Children's Lawyer, with specific protocols for sample collection, testing, and reporting.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Appeal
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Costs
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Discovery
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Injunction
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Jurisdiction
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Procedural Fairness
Actions
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Citations
GWEN & TAYLOR [2011] FamCA 124
Cases Citing This Decision
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Statutory Material Cited
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