SWEFFORD & TARBELL
Case
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[2011] FamCA 1016
•22 November 2011
Details
AGLC
Case
Decision Date
SWEFFORD & TARBELL [2011] FamCA 1016
[2011] FamCA 1016
22 November 2011
CaseChat Overview and Summary
The case of *Swefford & Tarbell* concerned parenting orders for a child, [D Tarbell]. The dispute involved applications made by the mother and father, which were ultimately dismissed. The matter came before Loughnan J.
The court was required to determine the terms of ongoing parenting orders, including the extent of the child's time with each parent, and to address allegations of abuse. A key issue was the appointment of a single expert witness to report on the child's welfare and related matters.
Loughnan J ordered that existing parenting orders, with specific amendments, would continue. The child was to spend supervised time with the mother at a contact centre, with further supervised time to be arranged as available. Both parties were restrained from denigrating each other or discussing the proceedings in the child's presence. Crucially, Dr Q, a Child and Family Psychiatrist, was appointed as a Single Expert Witness to inquire into and report on various aspects of the child's welfare, including risk of harm, the child's views, parental relationships, parental capacity, and allegations of sexual abuse. The court also made detailed orders regarding the payment of Dr Q's fees and the facilitation of her report, including authorising her to speak with the child's school and medical professionals. The mother's applications and the father's response were dismissed. The court also ordered that the child have telephone communication with the mother on specified days, to be facilitated by the father.
The court was required to determine the terms of ongoing parenting orders, including the extent of the child's time with each parent, and to address allegations of abuse. A key issue was the appointment of a single expert witness to report on the child's welfare and related matters.
Loughnan J ordered that existing parenting orders, with specific amendments, would continue. The child was to spend supervised time with the mother at a contact centre, with further supervised time to be arranged as available. Both parties were restrained from denigrating each other or discussing the proceedings in the child's presence. Crucially, Dr Q, a Child and Family Psychiatrist, was appointed as a Single Expert Witness to inquire into and report on various aspects of the child's welfare, including risk of harm, the child's views, parental relationships, parental capacity, and allegations of sexual abuse. The court also made detailed orders regarding the payment of Dr Q's fees and the facilitation of her report, including authorising her to speak with the child's school and medical professionals. The mother's applications and the father's response were dismissed. The court also ordered that the child have telephone communication with the mother on specified days, to be facilitated by the father.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Expert Evidence
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
SWEFFORD & TARBELL [2011] FamCA 1016
Cases Citing This Decision
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Statutory Material Cited
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