Kings and Murray

This matter came before Faulks DCJ concerning disputed parenting arrangements for a child. The proceedings involved the father and mother, with an Independent Children's Lawyer appointed to represent the child's interests. The central dispute revolved around the child's welfare and the appropriateness of contact between the child and the father.

The court was required to determine several key issues. These included whether comments attributed to the child were likely to have been made by a child of her age, whether the child's developmental stage impacted the likelihood of her making such comments, and whether those comments, if made, reflected a physical experience or were a product of imagination. The court also needed to consider if the child was atypical for her age and how this might affect the assessment of her statements. Furthermore, the court was tasked with assessing the suitability of supervised time between the child and the father pending final determination, and any other matters the appointed expert deemed relevant or requiring further investigation.

Faulks DCJ ordered the appointment of a single expert witness, either Dr M or Dr W, to address these issues. The expert was directed to consider the child's statements, her developmental stage, and the potential for physical experience or imagination. The expert was also to assess proposed supervised time arrangements with the father and report on whether further or different forms of contact should be permitted. The court emphasised the need for parties to facilitate the expert's access to the child and to provide any necessary information. The father indicated he would not avail himself of supervised contact through Centacare or previous telephone contact orders, stating this was in the child's best interests, but reserved leave to apply for such arrangements. Consequently, all other contact between the child and the father was suspended until further order. The matter was adjourned for a progress review of the expert's report.