MURGATROYD & MURGATROYD

In this matter before Forrest J, the Applicant father sought various orders concerning parenting arrangements and the disclosure of financial and other documents. The Respondent mother was also involved in related proceedings in Country F concerning her late father's estate. The Independent Children's Lawyer (ICL) was also a party to the proceedings, representing the interests of the children.

The court was required to determine a range of issues, including whether to grant the Applicant father leave to file a Notice of Child Abuse, Family Violence or Risk of Family Violence, and to issue subpoenas to a psychiatrist and a social worker for the production of various documents and recordings related to their reports filed in the proceedings. The court also considered orders for the disclosure of school enrolment forms, information regarding the children's and Respondent mother's immigration status, and the adjournment of property adjustment proceedings to allow for the determination of parenting matters. Further issues included the disclosure of documents related to the Respondent mother's late father's estate in Country F, the valuation of property in Country F, and the filing of updated financial statements.

Forrest J made a series of orders addressing these issues. Leave was granted for the Applicant father to file a Notice of Child Abuse, Family Violence or Risk of Family Violence. The ICL was ordered to provide copies of her letters of instruction to the psychiatrist and family report writer, and details of fees paid to them. Crucially, leave was granted for the Applicant father to issue subpoenas to the psychiatrist and the social worker for a comprehensive range of documents, including draft and final reports, recordings, notes, correspondence, and consent forms. The Applicant father was also ordered to inform the psychiatrist and social worker that he would meet their reasonable costs of complying with the subpoenas.

The court also ordered the Respondent mother to provide the Applicant father with unredacted copies of all school enrolment forms submitted or amended for the children. The property adjustment proceedings were adjourned, with the parenting orders proceedings to proceed as scheduled. Directions were given for the filing of affidavits of evidence in chief and draft orders. The Respondent mother was ordered to inform the court and the Applicant husband of the determination of proceedings in Country F concerning her late father's will and the issue of a "Certificate of Inheritance," and to file a certified copy of that determination. The court also made orders regarding the exchange rates for foreign currencies in the property adjustment proceedings and mandated extensive disclosure from the Respondent wife concerning her late father's estate, including documents filed in Country F, financial information, and an affidavit detailing her knowledge of the discovery of a purported will. The issue of an expert valuation of property in Country F was to be determined prior to the listing of the property adjustment proceedings.