Published 11 October 2022
Childcare proceedings — arbitration clause — welfare and best interests of child — Arbitration Act 1996, ss 9 & 10 — Care of Children Act 2004, ss 46R & 139A — Family Court Rules 2002, r 204. The parties had been involved in lengthy childcare proceedings resulting in the respondent father having day-to-day care of their two children. The applicant mother sought to invoke a clause of the parenting order to engage in arbitration. The applicant had been unsuccessful in invoking this clause as it did not provide appropriate procedure nor authority to appoint an arbitrator. Therefore the applicant sought a correction of the order under the slip rule. The Judge considered the application and noted that the arbitration clause, which had been drafted by counsel and approved by the Judge, was contrary to public policy pursuant to s 10 of the Arbitration Act. It provided an avenue for the applicant to circumvent the moratorium on substantially similar proceedings found in s 139A of the Care of Children Act. The Judge made an order deleting the arbitration clause from the parenting order. The final parenting order was discharged and a new parenting order including the amendment was to be sealed. Judgment Date: 15 June 2022. * * * Note: names have been changed to comply with legal requirements. * * *
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