The applicant mother brought a motion to vary a temporary custody and access order to allow the children to transfer to schools near her residence, based on the recommendations of an Office of the Children's Lawyer (OCL) clinical investigation report.
The respondent father opposed the motion and brought a cross-motion for various relief, arguing the OCL report should be tested at trial.
The court found that the completion of the OCL report and the father's undermining behaviour constituted a material change in circumstances.
Finding exceptional circumstances that required immediate action in the children's best interests, the court granted the mother's motion, ordered the school transfer, and adjusted the father's access schedule accordingly.
