The applicant mother brought a motion for an order under section 30 of the Children's Law Reform Act to appoint a qualified person to assess the needs of the parties' 11-year-old child.
The child had expressed a strong desire not to spend time with the applicant and experienced physical and emotional symptoms of stress regarding access visits.
The Office of the Children's Lawyer and a reunification therapist both provided evidence that the child was capable of forming her own views and that forcing a further assessment would be counterproductive and potentially harmful.
The court dismissed the motion, finding that there was already sufficient expert and clinical evidence available for trial and that a further assessment would not be in the child's best interests.
