Krill and Crawley

In the matter of *Krill and Crawley*, Strickland J considered an application concerning the welfare of a child. The proceedings involved the mother of the child and the Independent Children’s Lawyer, who sought to obtain further evidence relevant to the mother's circumstances and her capacity to care for the child.

The central legal issues before the court were whether to grant leave for the Independent Children’s Lawyer to issue subpoenas for specific documents and records pertaining to the mother's bond conditions and her engagement with drug and alcohol services. Additionally, the court had to determine whether to extend the time for the mother to file and serve reports from her counsellors and a service provider, and whether to permit the maternal grandmother to participate in a future hearing via telephone.

Strickland J reasoned that the requested documents and records were likely to be relevant to assessing the mother's compliance with her obligations and her current situation, which were critical factors in determining the child's best interests. The court also considered the practicalities of the mother obtaining and filing the required reports and the benefit of the maternal grandmother's participation in the proceedings.

Consequently, the court granted leave for the Independent Children’s Lawyer to issue subpoenas to the Department of Correctional Services and the Drug and Alcohol Services Council. Leave was also granted for the maternal grandmother to attend the adjourned hearing by telephone. The time for the mother to file her affidavits was extended, and the matter was adjourned for further consideration.