Lambard and Lambard & Ors (No 2)

Case [2020] FamCA 858


FAMILY COURT OF AUSTRALIA

LAMBARD & LAMBARD AND ORS (NO. 2) [2020] FamCA 858
FAMILY LAW – PRACTICE AND PROCEDURE – Appointment of a single expert – Where the parties have been unable to agree on the identity of the singe expert to be appointed to consider and comment on the mother’s mental health – Where the parties have been unable to agree on a joint letter of instruction to the single expert – Where the father and paternal grandmother contend that the single expert should be a generalist psychiatrist – Where the mother and maternal grandmother contend that the single expert should have specialised knowledge of perinatal psychiatry – Consideration given the task before the Court in the substantive proceedings in considering the mother’s mental health – Orders made for the appointment of one of the single experts proposed by the father – Orders made for the parties to prepare a joint letter of instruction seeking the single expert appointment to comment on specific issues.   
Family Law Act 1975 (Cth) s 60CC
Family Law Rules 2004 (Cth) 15.52
Lavin v Toppi [2016] FCA 801
R v Uduma (2013) 115 SASR 318
Reeves & Grinter [2017] FamCAFC 19
APPLICANT: Mr Lambard
FIRST RESPONDENT: Ms Lambard
SECOND RESPONDENT: Ms Dabell
THIRD RESPONDENT: Ms M Lambard
FILE NUMBER: SYC 2664 of 2020
DATE DELIVERED: 14 October 2020
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney by web conference
JUDGMENT OF: McClelland DCJ
HEARING DATE: 24 September 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Christie SC
SOLICITOR FOR THE APPLICANT: Linden Legal
COUNSEL FOR THE 1ST RESPONDENT: Ms Cantrell
SOLICITOR FOR THE 1ST RESPONDENT: McAuley Hawach Lawyers
SOLICITOR FOR THE 2ND RESPONDENT: Mr Ridley of Matthews Folbigg Pty Ltd
COUNSEL FOR THE 3RD RESPONDENT: Mr Harper
SOLICITOR FOR THE 3RD RESPONDENT: Mitchell Lawyers

Orders

  1. That Dr NN be appointed as a single expert to prepare a report in relation to the mental health of the mother, Ms Lambard.  

  2. Within 48 hours, the parties’ shall prepare a joint letter of instruction to Dr NN and that letter of instruction will contain a request for Dr NN to consider and comment on the following matters:

    (a)Any comments (to the extent possible) on previous diagnoses and the risk, if any, of relapse;

    (b)Any view as to the mother’s current diagnosis and prognosis;

    (c)Any view as to whether, as a result of issues relating to the mother’s mental health, the child is at risk of being exposed to any physical or psychological harm;

    (d)Any view as to whether the current relationship between the child and the mother has been adversely impacted by mental health issues and, if so, how;

    (e)Any view as to whether, any mental health issues adversely impact upon the mother’s capacity to provide for the needs of the child, including physical, emotional and intellectual needs and, if so, how; and

    (f)Such other matters as the report writer considers relevant.

Note: The form of the order is subject to the entry of the order in the Court’s…

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AGLC
Lambard and Lambard & Ors (No 2) [2020] FamCA 858
Case
[2020] FamCA 858
Decision Date

CaseChat Overview and Summary

In the matter of *Lambard and Lambard & Ors (No 2)*, his Honour McClelland DCJ considered issues arising from the mental health of the mother, Ms Lambard, in the context of proceedings involving her child. The dispute concerned the potential impact of Ms Lambard's mental health on her capacity to care for the child and the child's well-being.

The court was required to determine the extent to which Ms Lambard's mental health issues might pose a risk to the child, both physically and psychologically. Specifically, the court needed to ascertain whether her mental health had adversely affected her relationship with the child and her ability to meet the child's needs, including physical, emotional, and intellectual requirements. The court also sought to understand the mother's current diagnosis, prognosis, and the risk of relapse.

To address these issues, McClelland DCJ ordered the appointment of a single expert, Dr NN, to prepare a report on the mother's mental health. The parties were directed to provide Dr NN with a joint letter of instruction, requesting the expert to consider and comment on specific matters. These included an assessment of previous diagnoses and relapse risk, the mother's current diagnosis and prognosis, the risk of harm to the child due to the mother's mental health, the impact of mental health on the mother-child relationship, and the mother's capacity to provide for the child's needs. The expert was also invited to comment on any other relevant matters.

Orders

Orders of the court

1.

That Dr NN be appointed as a single expert to prepare a report in relation to the mental health of the mother, Ms Lambard.

2.

Within 48 hours, the parties’ shall prepare a joint letter of instruction to Dr NN and that letter of instruction will contain a request for Dr NN to consider and comment on the following matters:

(a) Any comments (to the extent possible) on previous diagnoses and the risk, if any, of relapse;

(b) Any view as to the mother’s current diagnosis and prognosis;

(c) Any view as to whether, as a result of issues relating to the mother’s mental health, the child is at risk of being exposed to any physical or psychological harm;

(d) Any view as to whether the current relationship between the child and the mother has been adversely impacted by mental health issues and, if so, how;

(e) Any view as to whether, any mental health issues adversely impact upon the mother’s capacity to provide for the needs of the child, including physical, emotional and intellectual needs and, if so, how; and

(f) Such other matters as the report writer considers relevant.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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