Event and Time
Event Description
On September 23, 2021, an urgent hearing took place in relation to the custody and psychological treatment of a minor child, X, born in 2011. This hearing involved applications made by both the mother and the father, as well as an application by the Independent Children’s Lawyer (ICL) seeking to address critical concerns regarding the child's mental health and the parents' ability to cooperate in providing appropriate care.
Application and Claims
- The mother sought interim sole parental responsibility concerning the child's psychological treatment due to alleged refusals from the father to cooperate with scheduled consultations with a clinical psychologist.
- The father contested the claims, asserting his willingness to engage with the psychological process although he indicated that the psychologist felt uncomfortable participating.
- The ICL supported the mother's application, emphasizing the need for immediate action in regards to the child's reported suicidal ideation and anxiety.
Judicial Decisions
1. Leave was granted to the ICL to issue a subpoena to the child's General Practitioner, Dr. B, for documents related to the child’s treatment. 2. Compliance with the subpoena, as evidenced by previous document production, was acknowledged. 3. Both parties and the ICL were granted access to the documents from Dr. B. 4. The mother was granted interim sole parental responsibility for decisions regarding the child’s psychological treatment. 5. The mother was required to inform the father of decisions made concerning the child's care. 6. The ICL was allowed to relist the matter with two days' notice. 7. All outstanding applications were stood over pending a note on scheduling.
Dispute Points and Legal Basis
Dispute Points
- Claim by the Mother:
- She applied for sole parental responsibility citing the child's psychological distress and the father's refusal to cooperate with ordered therapeutic interventions. - Asserted that the father has been uncooperative during visitations, resulting in the child's refusal to go to the father's home.