Mordon & Paul 2014. FamCAFC 222

The father of a child aged 2 years sought an access plan involving a graduated approach where the time the child spent with him increased progressively. At the trial both the father and ICL agreed to a time-limited plan covering the near and medium future until the child went to school.

The mother appealed an order on the grounds that the trial judge gave more weight to the opinion of a family assessor who saw the mother once 13 months before the trial over the opinion of the mother’s current treating psychologist on a topic about the mother’s mental health (therapist evidence).  The Appeal Court accepted there were grounds for appeal.