Sellers and Burns

This matter concerned the welfare of two children, F (born 2010) and D (born 2013), in proceedings between their parents. The court, presided over by Rees J, was required to make orders concerning the children's living arrangements, the appointment of a single expert witness, and drug testing of the wife.

The primary legal issues before the court were the determination of the children's welfare, including their living arrangements and any potential risks to their physical or psychological safety. The court also had to consider the wife's capacity to parent, as evidenced by the need for drug testing, and the financial implications of the orders made, particularly concerning the expert witness fees and drug testing costs.

Rees J ordered the appointment of a forensic clinical psychologist, Ms MM, as a single expert witness to prepare an updated report on the children's welfare. The court specified a comprehensive list of matters for Ms MM to consider, including risks of harm, the children's views, their relationships with parents, parental capacity, and the impact of family violence. The parties were ordered to comply with Ms MM's requests, and the Independent Children's Lawyer was granted access to subpoenaed material. The husband was ordered to pay the initial fees for the expert report, with a partial reimbursement from the wife. The wife was also ordered to undergo supervised urine analysis and hair drug testing, with specific protocols and cost-sharing arrangements. The court also made interim orders regarding the children's living arrangements during the 2019/2020 school holidays, with the children to live with the husband during specified periods and with the wife at all other times. An oral application for urgent spousal maintenance by the wife was dismissed, and her applications for interim spousal maintenance and partial property settlement were listed for a future hearing.