McGregg and Vladamere (No. 2)
Case
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[2007] FamCA 1164
•12 September 2007
Details
AGLC
Case
Decision Date
McGregg and Vladamere (No. 2) [2007] FamCA 1164
[2007] FamCA 1164
12 September 2007
CaseChat Overview and Summary
In the matter of McGregg and Vladamere (No. 2), Strickland J considered an application by the mother concerning the child M, born in July 2003. The dispute involved the mother's request for M to attend CAMHS for psychological assessment, and broader issues concerning M's behaviour and potential need for counselling or psychological intervention in the context of time spent with the father.
The court was required to determine whether to grant the mother's oral application for M to attend CAMHS for psychological assessment. Additionally, the court needed to consider how to address the mother's concerns about M's behaviour and the need for professional intervention, and to establish procedural steps for the final hearing, including the exchange of evidence and reports.
Strickland J dismissed the mother's oral application for M to attend CAMHS. However, the court varied a previous order to direct Ms C, who was preparing an updated Family Assessment Report, to address the need for M to receive counselling or see a psychologist, specifically in relation to issues raised by the mother concerning M's behaviour during time spent with the father. The court also set deadlines for the filing and service of affidavits of evidence in chief and any proposed witness affidavits, and for the filing of any report from Anglicare to be relied upon by the Independent Children’s Lawyer. Leave was granted for parties to exchange information about medical or health professionals consulted since June 2006, and for the mother to issue subpoenas to Anglicare and F Street Clinic for relevant documents. Further consideration of the matter was adjourned.
The court was required to determine whether to grant the mother's oral application for M to attend CAMHS for psychological assessment. Additionally, the court needed to consider how to address the mother's concerns about M's behaviour and the need for professional intervention, and to establish procedural steps for the final hearing, including the exchange of evidence and reports.
Strickland J dismissed the mother's oral application for M to attend CAMHS. However, the court varied a previous order to direct Ms C, who was preparing an updated Family Assessment Report, to address the need for M to receive counselling or see a psychologist, specifically in relation to issues raised by the mother concerning M's behaviour during time spent with the father. The court also set deadlines for the filing and service of affidavits of evidence in chief and any proposed witness affidavits, and for the filing of any report from Anglicare to be relied upon by the Independent Children’s Lawyer. Leave was granted for parties to exchange information about medical or health professionals consulted since June 2006, and for the mother to issue subpoenas to Anglicare and F Street Clinic for relevant documents. Further consideration of the matter was adjourned.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Discovery
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Remedies
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