MEADOWS & MEADOWS

This case involved applications by the wife concerning parenting and spousal maintenance. The wife sought to set aside previous parenting orders and have the child returned to her care, alleging a change in circumstances. She also pursued an application for spousal maintenance. The proceedings were heard by Le Poer Trench J.

The primary legal issues before the court were whether there had been a sufficient change in circumstances to warrant amending the existing parenting orders, and whether a spousal maintenance order should be made. The court was also required to consider the welfare of the child and the appropriate steps to gather evidence relevant to these matters.

Le Poer Trench J dismissed the wife's applications filed on 22 February 2017, 5 May 2017, and 7 September 2017. The court noted that the wife had not pressed her application for the discharge of the Independent Children's Lawyer during the hearing. To facilitate the determination of the parenting issues, the court ordered an expedited final hearing and directed that the wife undergo a psychiatric assessment by an expert appointed by the Independent Children's Lawyer. The husband was to fund this assessment, with permission to draw against the mortgage on the former matrimonial home for this purpose. Furthermore, a family consultant was appointed as a Single Expert Witness to report on the welfare of the child, with specific matters to be addressed in the report to be determined through a process involving the parties and the Independent Children's Lawyer.