Re: Imogen (No. 2)

Case

[2020] FamCA 394

15 May 2020


Details
AGLC Case Decision Date
Re: Imogen (No. 2) [2020] FamCA 394 [2020] FamCA 394 15 May 2020

CaseChat Overview and Summary

In the matter of *Re: Imogen (No. 2)*, Watts J of the Family Court of Australia considered an application by the wife for leave to file and serve evidence from Dr B, and for orders requiring both the mother and father to attend interviews with Dr B. The dispute concerned the welfare of a child, Imogen, and the evidence sought from Dr B was intended to address matters relevant to this welfare.

The primary legal issues before the court were whether to grant the wife leave to adduce further expert evidence from Dr B, and whether to make orders compelling both parents to participate in interviews with Dr B. These issues were considered in the context of the court's overarching responsibility to determine the best interests of the child.

Watts J granted the wife leave to file and serve evidence from Dr B, subject to the conditions outlined in Dr B’s affidavit of 9 April 2020, with reasons for this decision to be provided separately. The court also ordered that both the mother and father attend any interviews with Dr B at his request, noting that these interviews would be conducted via video link due to COVID-19 restrictions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Remedies

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