Creigh & Davies 2008 FamCAFC 12
A mother appealed an order saying that a family report prepared by a family consultant had not addressed all of the concerns raised by the mother. The judge had suggested that some allegations raised by the mother about the father’s parenting capacity might have been insubstantial if they were not included in the assessor’s report. The judge had referred to an over-anxious mother who had expressed some subjective concerns that had no objective basis.
The Appeal Court noted that as the assessor’s report had not been challenged when it was presented, it cannot be challenged on appeal. The Court found that no grounds for an appeal had been established.