Mother seeks to discharge care order – 2019vol2#45

An application to discharge a care order was brought by a mother in a provincial town. The mother had a history of mental health difficulties and sought to bring her application in another provincial town. The mother was not represented.

The solicitor for the CFA said a section 27 order was made some months ago directing the mother to undergo an assessment with a psychiatrist. The mother’s treating psychiatrist said it was not appropriate that he carry out the assessment and another doctor would be required. The doctor required a written signature from the mother that she would consent to the assessment. The mother had an appointment with another psychiatrist but refused to do the assessment.

The judge said: “The assessment must happen.”

The mother replied: “I want the grounds [on which the assessment was based] to be assessed.”

The judge said: “[The previous] judge directed the assessment and I cannot change that. I want to progress this for you.”

The mother wished to bring her application to discharge the care order in the provincial town in which she was living.

The solicitor for the CFA said the care order had been made in the provincial town in which the court was sitting and a judge in another provincial town would not be able to hear the matter.

There were serious concerns regarding access. The mother said she was allowed to have access but had not seen her child. The judge said the mother needed representation and encouraged her to undertake the assessment.

The matter was adjourned for a period of 28 days.