Event and Time
Event Description
This case involves family law proceedings concerning an 11-year-old child, referred to as X, who is currently living with her paternal grandmother and undergoing regular supervised visits with her separated parents. The matter was scheduled for a final hearing on 4 July 2022 but was vacated due to pending external investigations by the Sexual Offences and Child-abuse Investigation Team (SOCIT), which are necessary for determining the case’s direction.
Application and Claims
- Parties Involved: X, her parents, the Independent Children’s Lawyer, the Department of Families, Fairness and Housing (DFFH).
- Claims:
- The parents are involved in a dispute regarding custody and contact arrangements for their child, X. - Allegations have been made against the mother’s residential partner by X, prompting an investigation by SOCIT prior to the scheduled hearing.
Judicial Decisions
- The initial final hearing date was vacated.
- A review mention was scheduled for 18 May 2022.
- Parties were granted liberty to apply for administrative adjournments if the matter did not reach a state of readiness.
- The Independent Children’s Lawyer was directed to distribute reports relevant to the case.
Dispute Points and Legal Basis
Dispute Points
- Claim from Parents: The parents are seeking to clarify and solidify their custody and visitation rights for X while ensuring her safety.
- Argument by the Mother: The mother’s claims are influenced by the ongoing investigation and the desire to retain custody and contact with X.
- Third-Party Input: SOCIT's delay in progressing the investigation has added complexity to the readiness of the case for a final hearing.
- Evidence and Reasoning:
- Ongoing investigations hinder the ability to prepare meaningful family reports. - Delays by SOCIT were noted as problematic by the court, alongside concerns for the well-being of X and the potential impact on all parties involved.