Theobald and Delancy

The case of Theobald and Delancy is an interim hearing in relation to parenting orders for the child [X], who will turn three years old in less than two weeks. The father, Mr Theobald, commenced proceedings seeking sole parental responsibility for [X], for [X] to live with him, and for [X] to spend time with the mother as agreed. The mother, Ms Delancy, opposes the father's application and seeks orders to the opposite effect. The matter has been listed for final hearing on 8 November 2010. The issue before the Court was whether the strong recommendations of the family consultant, Ms M, should be implemented immediately, as the mother seeks, or considered at the final hearing, as the father seeks. The Independent Children's Lawyer supported some significant modification to the current orders but not to the same extent as sought by the mother. After considering the evidence, including Ms M's report and Dr G's reports, and the relevant statutory provisions, the Court determined that there need not be any changes to the current orders pending final hearing. The Court noted that the final hearing would provide the opportunity to test the views of Ms M, Dr G, and the evidence of the parties. The matter remains fixed for final hearing on 8 November 2010.