MacDougal and Benson and Anor

In the matter of MacDougal and Benson and Anor, the court was required to make orders concerning the preparation of an updated family report and the release of subpoenaed documents in a family law proceeding. The parties involved were the husband, the wife, and their three children, S, C, and M.

The primary legal issues before the court were whether the children should attend an updated family report, with specific considerations for the wishes of one child and the potential impact of the father's contact, and the extent to which various subpoenaed documents, including medical records, school reports, and police documents, should be released to the parties and the Independent Children's Lawyer. The court also had to determine the liberty of the report writer to contact relevant professionals and the reservation of questions regarding the payment for the report and the release of certain school documents.

Macmillan J ordered that the husband, wife, and children attend upon Ms R for an updated family report, subject to the child S's wishes and the recommendations of his mental health professionals, and crucially, that the children not have contact with the husband during the report's preparation. Ms R was granted liberty to speak with the children's treating medical practitioners and school staff, and to inspect the court file and subpoenaed documents. The court reserved the question of payment for the report and ordered the release of specific medical, police, and school documents to the parties and the Independent Children's Lawyer, with other school documents to be held pending further order.