Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lancelot82

Member
28 August 2018
3
0
1
Currently have a family law case proceeding through the Court, with various subpoenaed documents having now been received and held at the Court. The Judge has granted both parties view access to the documents. Although, access to the a child’s educational records has been withheld from both parties with the documents remaining in Chambers.

For what reasons might a Judge choose to withold access from both parties to view a child’s educational records?

Opions appreciated,
Lance Belle
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Possibly as a way to find out which parent is telling porkies.

Judge may be waiting on other evidence/documents before releasing them as a batch.

Judge may be concerned one parent will overreact to the contents. Any alleged violence by one of the parents? Risk of going overseas?

Other??

You can call the court and ask. I have no idea though if you will be told but suspect they won't say unless it is purely a timing issue.
 

Lancelot82

Member
28 August 2018
3
0
1
Rod, thank you for your view - appreciated muchly.

You've mirrored my assumptions of course, which is both pleasing and thought-provoking at the same time as you undoubtedly understand.

No further documentation is forthcoming, and yes, historical assertions of DV correctly determined as unremarkable and baseless. Nil reason to suspect any risk of absconding oversees. Remarkable communication issue over a prolonged period. Both parties requested Chambers for view access of the final file two weeks previous. However, nil acknowledgement or decision on request as yet.

While intriguing and somewhat unusual based upon the file type (educational), the Judge will no doubt have reason and that we must trust.

Again, thank you,
Lance