Wegiel and Edwins (No 2)

Case

[2012] FamCA 662

31 July 2012


Details
AGLC Case Decision Date
WEGIEL & EDWINS (NO. 2) [2012] FamCA 662 [2012] FamCA 662 31 July 2012

CaseChat Overview and Summary

In *Wegiel and Edwins (No 2)*, Dawe J of the Family Court of Australia considered interim orders concerning the time spent between children and their father. Previous consent orders had stipulated supervised time, but the proposed supervisor was no longer available. The mother alleged a regression in the children's behaviour since commencing time with the father. The father contended that the Family Consultant exhibited bias and should not prepare an updated Family Report.

The court was required to determine whether to continue supervised time between the father and the children, and if so, under what conditions. Additionally, the court had to assess whether the alleged bias of the Family Consultant warranted their disqualification from preparing an updated Family Report. The overarching consideration for the court was the best interests of the children.

Dawe J determined that, at this stage of the proceedings, it was prudent to err on the side of caution. The court found that bias on the part of the Family Consultant had not been established. Consequently, the court ordered that supervised time between the father and the children should continue, to take place at a Children's Contact Centre. The court also noted that the Family Consultant would not be disqualified from preparing an updated Family Report if available.

The final orders provided for the matter to be referred to the docket registrar for trial preparation, including the preparation of an updated family report. Both parties were restrained from discussing court proceedings with the children. Existing telephone contact provisions were to continue, and supervised time was to occur at the B Children Contact Service each alternate Sunday for a minimum of two hours.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Procedural Fairness

  • Judicial Review

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