Hackley & Taggett (No 2)

This matter concerned an application by Ms Hackley (the Applicant) against Mr Taggett (the Respondent) concerning their child, X, born in 2009. The proceedings were before O'Shannessy J in the Federal Circuit Court of Australia at Melbourne.

The court was required to determine the best interests of the child, X, in relation to their schooling and therapeutic needs, and to make orders for the progression of the proceedings towards a final hearing. Key issues included the child's continued schooling arrangements, participation in school transition programs, and the commencement of family therapy. The court also considered the need for a Family Report to address specific matters under the *Family Law Act 1975* and the potential for family violence allegations to impact cross-examination procedures.

O'Shannessy J applied principles relating to equal shared parental responsibility, as previously ordered, and the paramount consideration of the child's welfare and best interests under the *Family Law Act 1975*. The court ordered that the child continue with home schooling while repeating Year 6 and preparing for Year 7 at H School, and to be enrolled in transition programs. Directions were given for the parents to inform therapists and schools of the orders, and for the Independent Children's Lawyer to confer on family therapy. A Family Report was ordered to be prepared by a Family Consultant, addressing relevant sections of the Act.

The court adjourned the proceedings for a final hearing estimated to take three days, scheduled for 21 February 2022. Detailed procedural orders were made regarding the filing and service of affidavits, case outlines, and compliance with fees. The court also noted existing orders for equal shared parental responsibility and provided information regarding the *Family Law Act 1975* provisions concerning family violence and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.