Materials comprised of a Paper and PowerPoint Handout. 

Presenters:

Her Honour Judge Pidwell

Cushla Webster, Barrister, Albert Chambers

Chair: Brian Carter, Barrister

Synopsis:

Getting to the evidential crux of disputes

Guardianship matters under the Care of Children Act (CoCA) often involve single-issue disputes, such as medical decisions and schooling. In theory, this should mean they are straightforward to raise and present. Yet in practice, the evidence is often missing or misses the mark. What do judges need to make an appropriate decision?

The materials include bench and bar perspectives, aims to provide direction and insights into what evidence is essential, and what is useful, for determining guardianship disputes.

These Materials will help you:

• Refresh your knowledge of what guardianship is, how someone becomes a guardian and how a guardianship issue comes before the Family Court.
• Gain a better understanding of s 31 of the Care of Children Act 2004 and what it means for a child to be placed in the guardianship of the Court.
• Delve into guardianship responsibilities and disputes, namely medical issues (including vaccinations); schooling; religious upbringing; and name/gender change, and gain insights into what evidence a Judge needs to make a decision on the matter in issue.

Intended Audience:

Family lawyers at junior to intermediate level.