Event and Time
Event Description
- A mother, Ms. Langley, applies to expedite her appeal against interim orders that vacated final hearing dates concerning her child custody case.
- The father, Mr. Tarelli, faces criminal charges related to family violence alleged by the mother.
- An Independent Children's Lawyer represents the child's best interests, and the Department of Communities and Justice holds sole parental responsibility for the child, who currently lives with the father.
Application and Claims
- The mother argues that the appeal should be expedited due to significant welfare issues regarding the child and the administration of justice.
- The appeal arises from interim orders that vacated hearing dates set for August 2020.
Judicial Decisions
- The court grants the application for expedition, scheduling the appeal for May 15, 2020.
- The court directs the Secretary, Department of Communities and Justice to file any applications for further evidence within seven days.
Dispute Points and Legal Basis
Dispute Points
- Mother’s Claims:
- Asserted that significant evidence of family violence was overlooked by the primary judge. - Criticizes the primary judge’s decision to vacate hearing dates, arguing it deprives her of an interim parenting determination. - Links her inability to see her child to PTSD caused by her experiences with the father.
- Father’s Claims:
- Seeks to protect his right to silence in light of the pending criminal charges. - Argues that his defense on criminal charges should take precedence over family law proceedings.
- Department’s Position:
- The Independent Children's Lawyer supports expediting the mother's appeal for the child's welfare.