SANDEX & BONDIR (No.2)

In the matter of SANDEX & BONDIR (No.2), the Mother applied to the court seeking the dismissal of the Independent Children’s Lawyer (ICL), Caroline Smith. The Mother alleged collusion and collaboration between the Father, his legal representatives, the Family Report Writer, and the ICL, as well as inappropriate conduct by the ICL.

The central legal issue before Judge Bender was whether the ICL had acted improperly, unprofessionally, or failed to discharge her obligations appropriately, thereby warranting her dismissal from the proceedings. This involved assessing the Mother's specific allegations of collusion and inappropriate communication.

The court dismissed the Mother's application. Judge Bender found that the ICL had acted properly, professionally, and had appropriately discharged her obligations. The allegations of collusion, particularly the assertion that the ICL and the Father's solicitor were colluding due to both undertaking work for Legal Aid recipients, were found to be unfounded and outrageous. Furthermore, the court accepted the ICL's explanation regarding her communications with the Family Report Writer, finding them to be necessary, appropriate, and consistent with the role of an ICL. The evidence did not support the Mother's claims of inappropriate conduct or collusion.