HILL & DENTON

The parties in this matter were the parents of a child, C. The dispute concerned the impact of the child spending a third night per week with the father, as provided for in consent orders made on 26 November 2013. The decision was made by Tree J in the Family Court of Australia.

The primary legal issue before the court was whether a Family Consultant should be appointed to report on the effects of the child spending a third night per week with the father. The court also considered the need for the Family Consultant to be able to communicate with the child’s psychologist.

Tree J ordered that a Family Consultant, Ms B, or her replacement, was to report on the effects of the child spending a third night per week with the father, with the report to be prepared no earlier than 27 February 2015. The court further directed that both parents were to provide all necessary consents for the Family Consultant to speak with the child psychologist, Ms D, should the Family Consultant wish to do so and Ms D be willing. The mother's application filed on 27 January 2015 was dismissed. Liberty to apply on short notice was granted to all parties, and the costs of the hearing were reserved to the trial judge.