Vadisanis and Vadisanis (No 2)

Case

[2009] FamCA 1169

5 August 2009


Details
AGLC Case Decision Date
Vadisanis and Vadisanis (No 2) [2009] FamCA 1169 [2009] FamCA 1169 5 August 2009

CaseChat Overview and Summary

In *Vadisanis and Vadisanis (No 2)*, Cohen J of the Family Court of Australia made orders concerning the welfare of two children, R and M. The proceedings involved a dispute between the parents regarding the children's living arrangements and the father's psychological state.

The court was required to determine the immediate care arrangements for the children, the necessity of suspending previous orders made on 4 August 2009, and the need for expert psychiatric evidence regarding the father's psychological condition and the safety of the children in his care. The court also needed to establish a process for appointing a psychiatrist and receiving their report.

Cohen J ordered that the children be handed to the mother forthwith, with a family consultant to conduct the handover and explain the orders to the children. The operation of certain previous orders was suspended pending a report from a court-appointed psychiatrist. This report was to address the safety of the children in the father's care should he not be granted residence, and the father's psychological condition and capacity for change. The father was ordered to pay the fees of the court-appointed expert, and directions were given for the appointment of the psychiatrist, including a process for agreement between the parties or for the court to select the expert if agreement was not reached. The proceedings were adjourned to a later date after the expert report was received and distributed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Expert Evidence

  • Costs

  • Remedies

  • Procedural Fairness

  • Jurisdiction

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