ICL

An assessment by a family consultant raised serious questions about the parenting capacity of both parents of children aged 6 and 7 years.  The consultant recommended that the child protection department be invited to intervene if concerns were...

Paternal grandparents applied for orders to spend time with the parties’ younger children who were twin boys aged 8 years.  Six months after the paternal grandparents had commenced spending regular time with the children, the father applied also to spend time...

Children aged 9 and 5 years spent no time with the father for four years after the parents separated (long absent parent), and the mother applied for sole parental responsibility.   The father applied for a therapeutic re-introduction of the...

The case involved a father who had a history of erratic supervised visits (contact limited involvement).  The child had been referred to the child protection Department.  The ICL submitted that it was difficult to conclude that...

  There were two children of a relationship aged 14 and 11 years.  The mother requested that the younger child primarily live with her and that she have sole parental responsibility for him, but the father sought...

  A child aged 2 years had lived primarily with the father since separation, and the mother applied for the child to live with her for equal time.  When the relationship ended the father withheld the child and the...

The case involved a child aged 5 years.  The judge found that while it is standard practice for a family consultant to observe interactions between a child and parent following interviews, the consultant has discretion about...

The case involved a girl aged 12 years whose parents had been in ongoing conflict since they separated when she was aged 5 years (intractable conflict).  The child was described as mature. The judge noted there...

An expert who provided reportable therapy had provided a treatment report to Court although the report had not been requested by court.  The mother asked that a family consultant also be appointed as the treatment report did not address...

A child aged 13 years had been subject to a hearing 7 years before.  Reports had been received from three psychiatrists who recommended that the boy live with the father and that the father have sole...

The father of a girl aged 5 years who acknowledged frequently watching adult pornography was found to have 518 images of child pornography on his computer.  The images were rated using a COPINE scale that showed...

The case involved a child aged 7 years with autism spectrum disorder who required a special diet and routine.  The mother submitted that contact with the father must be supervised by a person with special needs...

The judge issued orders to facilitate contact between a child aged 6 years and the father. The judge ordered the parties to engage a psychologist who was nominated by the ICL to meet the child for...

A mother was ordered to have supervised access with her child aged 13 years but she found it too difficult to meet conditions set by a contact centre.  The mother had alleged sexual abuse of the...

Both parents migrated from Africa and separated after having a child aged 5 years.  Existing orders were that the child live with the mother and spend time with the father.  The father withheld the child after...

A separated couple had 2 children aged 10 and 12 years. The children had been exposed to 5 years of bitter dispute between the parents. The mother alleged the father had a mental health condition that...

  A mother alleged that two girls aged 3 and 6 years had been subjected to sexual abuse by their father. The mother submitted 169 items of information to support her concerns. The judge found that,...

There was dispute about the admissibility of a family report prepared by an expert when interim parenting orders were requested.  An ICL can tender a report from one expert assessor without a Court’s permission, whereas parties...

The case involved children who lived with their father and spent supervised contact with their mother.  Both the children and father saw separate treating psychologists.  A single expert witness had reviewed extensive material and had spoken...

The parents of a 6 year old girl had a shared care arrangement when the mother alleged that the child had been subject to sexual abuse by the father and paternal grandmother.  The mother applied for...

A couple had three daughters aged 12, 11 and 9 years.  After separation the mother had on several occasions phoned her daughters and asked them to write to the ICL to pass on their negative experiences...

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...

The case involved three children aged 14, 12 and 8 years.  The trial judge ordered that parents have shared parental responsibility and that the children live primarily with their mother and spend time with the father.  The...

A father wanted to increase time with his two children aged 15 years and 10.5 years while the children preferred the status quo.  The mother agreed to the children’s time with the father increasing by one...

The Full Court indicated that a child’s wishes are important and should not be departed from where they are soundly based and have been expressed without influence from either parent and are expressed against a background...

The judge noted that a rule of estoppel means that generally it is not in the interests of a child to have repeated applications concerning custody and access raised in a Court.  There must be an...

A father appealed against a decision by a judge allowing a mother to relocate to another country taking an 11 year old child.  Evidence was presented including by the family consultant that the father consumed both...

The case involved a 13 year old girl whose parents had been in litigation for 10 years.  An order had been made for joint parental responsibility, with the child living with her mother and spending time...

Mellick & Mellick 2014 FamCAFC 236 A trial judge granted sole parental responsibility to one parent and the other parent appealed.  The trial judge found that the two parents had not exchanged information and had not...