Temple and Dobrovic (No 3)

This matter came before Burr J in the Family Court of Australia concerning the welfare of a child, C. The proceedings involved the mother, the father, the Department for Families and Communities – Families SA, and an Independent Children’s Lawyer. The dispute centred on allegations made by the mother regarding disclosures by the child to a police officer and contact with a Family and Child Investigation Unit, as well as the general circumstances of the child since previous court decisions.

The court was required to determine several legal issues, including the appropriate course of action regarding ongoing police investigations into allegations made by the mother, the need for an urgent report from Families SA on the child's circumstances, and the timing for the mother to file further affidavits. Additionally, the court needed to consider the necessity of a Child Inclusive Conference involving a Family Consultant, the role and information to be gathered by the Independent Children’s Lawyer, and the child's attendance at school. The court also had to address an injunction restraining the father from attending the child's school.

Burr J's reasoning focused on gathering comprehensive information to ensure the child's best interests were paramount. The court ordered the Magellan Registrar to make enquiries of the South Australian Police (SAPOL) regarding their investigation into the mother's allegations, with a view to potentially issuing a subpoena for documents if SAPOL were unable or unwilling to provide the necessary information. Families SA was directed to prepare an urgent report on the child's circumstances, and the mother was granted an extension to file further affidavits. A Child Inclusive Conference was mandated, with the Family Consultant to provide oral evidence at the adjourned hearing. The Independent Children’s Lawyer was tasked with obtaining recommendations from Mr L regarding the child's best interests, the appropriateness of a Recovery Order, and the child's ongoing therapy. The Independent Children’s Lawyer was also to secure reports from a contact service, academic reports from the child's school, and a report from the child's doctor concerning alleged disclosures.

The court further ordered that the mother ensure the child recommences school attendance unless advised otherwise by Mr L. An injunction was granted restraining the father from attending at or within 100 metres of the child's school. Finally, specific paragraphs of previous orders made by Justice Strickland were suspended during the adjournment period. The further consideration of the proceedings was adjourned to a specified date.