Warner and Warner

In the matter of *Warner and Warner*, Justice Austin of the Family Court of Australia made orders concerning the appointment of a single expert witness in proceedings between the parents. The dispute involved parenting arrangements for the children.

The court was required to determine the specific issues upon which a child and family psychiatrist should provide expert opinion. These issues encompassed the psychological and psychiatric profiles of the parents and children, the nature of the parent-child relationships, the parents' capacity to meet the children's developmental needs, their understanding and management of the children's health requirements, the risk of harm to the children, the parents' willingness to foster a relationship between the children and the other parent, and the parents' maturity and lifestyle relevant to their parenting capacity. The expert was also to consider the children's views and any other relevant matters.

Justice Austin ordered the appointment of Dr R, a child and family psychiatrist, as the single expert witness. The parties were directed to confer within seven days to agree on a letter of instructions to the expert, ensuring it drew attention to relevant Family Law Rules. If agreement was not reached, each party was to provide a draft letter to the court at a procedural hearing. The court granted leave for each party to provide the expert with filed documents, interim orders, an issue assessment, exhibits, and subpoenaed documents. Both parents and the children were required to attend interviews and observation sessions as nominated by the expert. Pending further order, the father was to bear the totality of the expert's fees. The costs of the specific applications filed were reserved to the final hearing. The less adversarial trial was scheduled to continue on 16 September 2010, with the expectation that the expert's report would be available beforehand.