Hackley & Taggett

In the matter of MLC 11534 of 2020, Ms Hackley (the Applicant) and Mr Taggett (the Respondent) appeared before O'Shannessy J. The dispute concerned parenting orders for the child, X, born in 2009. The court was presented with allegations of psychological and physical abuse of the child by the Father, as well as allegations by the Father concerning the Mother's parenting impacting the child's psychological welfare.

The court was required to determine the interim arrangements for the child's living arrangements, time with each parent, and the need for independent representation for the child. Additionally, the court needed to address the parties' engagement in family therapy and the preparation of a school readiness report for the child. The court also had to consider the confidentiality and disclosure of a document produced by the Department of Families, Fairness and Housing.

By consent, the court ordered that the Final Orders dated 16 January 2012 be suspended in relation to the child's time with the Father. The child X was to live with the Mother, and the Father's time with the child was reserved. The parties were directed to jointly request a report from B School regarding the child's readiness for secondary school and to engage in family therapy. Pursuant to section 68L(2) of the Family Law Act 1975, the child X was to be independently represented, with Victoria Legal Aid requested to arrange this representation as soon as possible. The court also made specific orders regarding the Independent Children's Lawyer's role and the inspection and non-disclosure of a confidential document from the Department of Families, Fairness and Housing, noting potential penalties under sections 112AD and 121 of the Family Law Act 1975 for unauthorised disclosure. The matter was adjourned for an Interim Defended Hearing.