McConaghy & Brace & Anor

In the matter of *McConaghy & Brace & Anor*, Dawe J of the Family Court of Australia considered applications concerning the welfare of two children, E McConaghy and J Brace, and the conduct of ongoing proceedings. The primary dispute involved the need for further investigations by Families SA regarding the children's welfare, which necessitated a delay in the trial. Additionally, an application was made by the maternal aunt seeking to discharge an injunction preventing her from relocating with child J.

The court was required to determine whether the trial should be adjourned to allow for the completion of investigations by Families SA, ensuring all relevant and current information was before the court in the best interests of the children. Furthermore, the court had to consider the application to discharge an injunction preventing the maternal aunt from relocating with child J, assessing whether such a relocation would be in the child's best interests at that stage of the proceedings.

Dawe J reasoned that the best interests of the children required the court to have access to all relevant and current information, including the results of Families SA investigations. Consequently, the court ordered that the trial be vacated and relisted for a later date. The court also declined the application to discharge the injunction, finding that it was not in the best interests of child J to permit relocation at the current stage of the proceedings. The court made various consent orders regarding access to Families SA records, the independent representation of the children, the provision of updated assessments and affidavits, financial contributions towards travel expenses, and the continuation of interim orders. The court also ordered that child J Brace continue to live with the maternal aunt, Ms Y Brace, until further order.