LUSK & PAISLEY

This matter concerned children X and Y, with the parties being the parents of the children and the Director-General of the Department of Family and Community Services. The dispute involved allegations of risk to the children, with the court being asked to determine whether an unacceptable risk had been established.

The court was required to determine the legal issues surrounding the risk to the children, the appropriate arrangements for their care, and the procedural steps necessary to facilitate a final hearing. Specifically, the court needed to consider the evidence available, including material produced by the New South Wales Police Service and a hospital, and to obtain further information regarding the children's personal histories from Community Services. The court also had to address the capacity of the parents to provide for the children's needs and their ability to communicate and resolve parenting difficulties.

In its reasoning, the court granted leave for parties to inspect subpoenaed material and requested a Personal History Summary from Community Services. Crucially, the court found that no unacceptable risk to the children had been established as at the date of the hearing. To further inform its decision regarding the children's welfare, the court ordered a Family Report to be prepared pursuant to section 62G of the Family Law Act 1975, outlining specific areas for the Family Consultant to consider, including the children's relationships with their parents and others, the impact of potential changes in circumstances, the practicalities of maintaining contact, the parents' capacity to meet the children's needs, and their communication and problem-solving abilities. Trial directions were also made, setting dates for the final hearing, outlining requirements for filing affidavit material and case outlines, and specifying procedures for the potential cross-examination of the Family Consultant.

The court made orders for leave to inspect subpoenaed material, for the provision of a Personal History Summary, and directed that no further subpoenas be served on Community Services without leave. It found no unacceptable risk to the children and ordered the preparation of a Family Report. Trial directions were also issued, including hearing dates and deadlines for the filing of evidence and case outlines.