MORA & WORLEY
Case
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[2019] FCCA 2467
•16 May 2019
Details
AGLC
Case
Decision Date
Mora and Worley [2019] FCCA 2467
[2019] FCCA 2467
16 May 2019
CaseChat Overview and Summary
This matter concerned parenting orders before Judge Harman. The dispute involved the best interests of a child, X, and the potential for therapeutic intervention to facilitate the reintroduction of the mother's relationship with X.
The court was required to determine the specific terms of reference for a Family Report writer, particularly concerning the assessment of therapeutic intervention. This included identifying whether such intervention would be useful, desirable, or necessary for the reintroduction of the mother's relationship with X, and if so, what therapeutic goals should be set. The court also needed to address the filing and service of various affidavits and trial materials by the parties and the Independent Children's Lawyer.
In its reasoning, the court directed the Family Report writer to specifically address the potential for therapeutic intervention and its goals, contingent on the reintroduction of the mother's relationship being assessed as being in X's best interests. The court also issued broad orders pursuant to s.69ZW(1) of the *Family Law Act 1975* (Cth), directing various government agencies, including FACS, CYPS, the AFP, and NSW Police, to provide all documents and information held concerning notifications of suspected abuse, family violence, and any related assessments or investigations pertaining to the child and the parents. These orders were made with the proviso that the identity of any notifier must be protected by blanking out or removing such information prior to production.
The court confirmed hearing dates for 29 and 30 July 2019 and set deadlines for the filing and service of responses, notices of risk, and trial affidavit material. It also ordered that no party issue subpoenas to the specified government agencies without leave of the court.
The court was required to determine the specific terms of reference for a Family Report writer, particularly concerning the assessment of therapeutic intervention. This included identifying whether such intervention would be useful, desirable, or necessary for the reintroduction of the mother's relationship with X, and if so, what therapeutic goals should be set. The court also needed to address the filing and service of various affidavits and trial materials by the parties and the Independent Children's Lawyer.
In its reasoning, the court directed the Family Report writer to specifically address the potential for therapeutic intervention and its goals, contingent on the reintroduction of the mother's relationship being assessed as being in X's best interests. The court also issued broad orders pursuant to s.69ZW(1) of the *Family Law Act 1975* (Cth), directing various government agencies, including FACS, CYPS, the AFP, and NSW Police, to provide all documents and information held concerning notifications of suspected abuse, family violence, and any related assessments or investigations pertaining to the child and the parents. These orders were made with the proviso that the identity of any notifier must be protected by blanking out or removing such information prior to production.
The court confirmed hearing dates for 29 and 30 July 2019 and set deadlines for the filing and service of responses, notices of risk, and trial affidavit material. It also ordered that no party issue subpoenas to the specified government agencies without leave of the court.
Details
Key Legal Topics
Areas of Law
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Family Law
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Statutory Interpretation
Legal Concepts
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Jurisdiction
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Procedural Fairness
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Standing
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Statutory Construction
Actions
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Citations
Mora and Worley [2019] FCCA 2467
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