MADGWICK & DALE

This matter came before Judge Young concerning a dispute between Madgwick and Dale regarding their child, X. The proceedings were part-heard, with further trial dates to be allocated in February/March 2021, and were estimated to require four days of court time. A key procedural ruling was made that, pursuant to s 102NA(1)(c)(iii) of the Family Law Act 1975, the father was not permitted to cross-examine the mother.

The court was required to determine several issues central to the welfare and best interests of the child, X. These included the appointment of an Independent Children’s Lawyer, the preparation of a family report by a family consultant, and the matters to be addressed within that report, specifically the child's views, factors affecting their weight, and the relevant provisions of the Family Law Act 1975 concerning parental responsibility and child welfare. The court also needed to consider the dissemination of the family report and the implications of s 121 of the Family Law Act 1975 regarding the publication of family law proceedings.

In its reasoning, the court applied various sections of the Family Law Act 1975 to ensure the child's interests were paramount. Section 68L was invoked for the appointment of an Independent Children’s Lawyer, and s 62G(2) for the preparation of a family report. The court directed that the report should consider the child's expressed views, the factors influencing their weight, and the statutory considerations under ss 60CC, 61DA, and 65DAA. The court also noted the provisions of s 102NA regarding the restriction on cross-examination in cases involving family violence and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.

The court made several orders, including the appointment of an Independent Children’s Lawyer, the attendance of the parties and child for a family report to be completed by 30 September 2020, and directions for the dissemination and confidentiality of the report. It also ordered the parties to attend a Family Dispute Resolution Conference on 12 October 2020 and adjourned the matter for an interim hearing by telephone on 17 November 2020, specifically in relation to the time the child spends with the father.