Abramov & Laderman

[2021] FCCA 664

FEDERAL CIRCUIT COURT OF AUSTRALIA

Abramov & Laderman [2021] FCCA 664

File number(s):	DGC 1693 of 2020
Judgment of:	JUDGE MCNAB
Date of judgment:	7 April 2021
Catchwords:	FAMILY LAW – parenting – where the father seeks increased overnight spend time with child – where evidence is given by family consultant – where family consultant recommends gradual increase of overnight spend time with the father – where it is in the best interests of the child to gradually increase spend time with father.
Legislation:	Family Law Act 1975 (Cth) ss 60CA, 60CC.
Number of paragraphs:	44
Date of last submission/s:	4 March 2021
Date of hearing:	3 – 4 March 2021
Place:	Melbourne
Counsel for the Applicant:	Mr G Combes
Solicitor for the Applicant:	Taylor and Barnes Solicitors
Counsel for the Respondent:	Mr G Jackson
Solicitor for the Respondent:	Tyler Tipping and Woods

ORDERS

DGC 1693 of 2020

BETWEEN:

MR ABRAMOV

Applicant

AND:

MS LADERMAN

Respondent

ORDER MADE BY:	JUDGE MCNAB
DATE OF ORDER:	7 APRIL 2021

THE COURT ORDERS THAT:

1.The Mother and the Father have equal shared parental responsibility for X born in 2017 (“the child”).

2.The child live with the Mother.

3.Commencing forthwith, the child spend time with the Father as follows:

(a)in Week 1:

(i)from 4.00pm on Monday until 8.00am on Tuesday;

(ii)from 4.00pm on Friday until 7.00pm on Monday, and likewise for each alternate week thereafter;

(b)in Week 2:

(i)from 4.00pm until 7.00pm on Thursday, and likewise for each alternate week thereafter; and

(c)at all other times as agreed between the parties.

4.After the child turns five years old (in 2022), the child spend time with the Father as follows:

(a)during the school term:

(i)in Week 1:

A.from 4.00pm on Monday until 8.00am on Tuesday;

B.from 4.00pm on Friday until 7.00pm on Monday, and likewise for each alternate week thereafter;

(ii)in Week 2:

A.from 4.00pm on Thursday until 8.00am on Friday, and likewise for each alternate week thereafter;

(b)during school holidays:

(i)for the first half of each mid-year school holiday period, unless otherwise agreed between the parties, commencing at the conclusion of school on the last day of the school term and concluding at 5.00pm on the middle Saturday of the holiday period;

(ii)during each long Christmas holiday period, unless otherwise agreed between the parties, on an alternating weekly basis:

A.in 2022, for the first, third and fifth weeks, commencing on the last day of the school term and concluding at 5.00pm on the following Friday; and

B.in 2023, for the second, fourth and sixth weeks commencing at 5.00pm on the following Friday after the conclusion of the school term.

(c)at all other times as agreed between the parties.

5.After the child turns seven on 17 February 2024, in relation to spend time over the long Christmas holiday period, the child spend time with the Father for the first half of the Christmas holiday period as agreed between the parties, and failing agreement:

(a)the first half where they holiday period commences in an even numbered year, commencing on the last day of the school term; and

(b)the second half where the holiday period commences in an odd numbered year, commencing at 5.00pm on the middle Friday of the holiday period.

6.Commencing forthwith, if the child is not in the care of the Father, the child also spend time with the Father as follows:

(a)from 4.00pm on the day before Father’s Day until 7.00pm on Father’s Day;

(b)from 4.00pm until 7.00pm on the Father’s birthday;

(c)from 4.00pm until 7.00pm on the child’s birthday;

(d)from 3:00pm on 25 December 2021 until 3:00pm on 26 December 2021 and likewise for each alternate year thereafter;

(e)from 3:00pm on 24 December 2022 until 3:00pm on 25 December 2022 and likewise for each alternate year thereafter;

(f)from 1.00pm on Good Friday to 1.00pm on Easter Sunday 2021 and likewise for each alternate year thereafter;

(g)from 1.00pm on Easter Sunday to 1.00pm on the subsequent Tuesday (‘Easter Tuesday’) and likewise for each alternate year thereafter; and

(h)at all other times as agreed between the parties.

7.The Father’s spend time with the child be suspended as follows:

(a)from 3.00pm on 24 December 2021 until 3.00pm on 25 December 2021 and likewise for each alternate year thereafter;

(b)from 3.00pm on 25 December 2022 until 3.00pm on 26 December 2022 and likewise for each alternate year thereafter;

(c)from 1.00pm on Easter Sunday to 1.00pm on Easter Tuesday for the Easter period in 2021 and likewise for each alternate year thereafter;

(d)from 1.00pm on Good Friday to 1.00pm on Easter Sunday for the Easter period in 2022 and likewise thereafter for each year thereafter;

(e)in the event that Mother’s Day should occur when the child is in the care of the Father, from 4.00pm on the day before Mother’s Day until 7.00om on Mother’s day;

(f)should the Mother’s birthday or the child’s birthday occur on a day when the child is in the care of the father, for a period of three hours as shall be agreed between the parties, or in the absence of agreement, from 4.00pm until 7.00pm; and

(g)at all other times as agreed between the parties.

8.For the purposes of spend time pursuant to orders 3, 4, 5 and 6 herein:

(a)the Mother deliver the child to the Father’s home at the commencement of each period unless the Father is collecting the child from her school; and

(b)the Father deliver the child to the Mother’s home at Town B at the conclusion of each period save that, in the event of an emergency whereby the Father is not able to undertake such travel then he shall notify the Mother by text, and the travel can be undertaken by the Paternal Grandmother, the Paternal Grandfather, or the Paternal Aunt, Ms C.

9.All communication in respect of the child be by way of text message save that in an emergency only it may be by telephone.  Each party ensure that such line of communication is available to the other party.

10.Each party shall inform the other party within 48 hours of any change of address and/or telephone number.

11.The Father is hereby authorised to receive any kindergarten, school or sporting club attended by the child, copies of newsletters, order forms for photographs and like documents ordinarily provided to parents and the Father is permitted to provide a copy of these orders to any such organisation as evidence of his authority, and the Mother shall provide such information/ documentation to the Father if it relates to the child’s day-care.

12.The Father is hereby authorised to communicate with the child’s treating medical practitioners (and each party shall keep the other informed as to the identity and contact particulars of such practitioners) and shall forthwith advise the other of any serious medical treatment the child might be obliged to undergo, and the Father is permitted to provide a copy of these order to any such treating medical practitioner as evidence of such authority.

13.The Father is permitted to attend any day-care, kindergarten, school, sporting or cultural activities in which the child is involved, being activities that a parent would ordinarily attend, and each party advise the other of any such activities save that they shall not be required to if it relates to a fee-paying extracurricular activity and the other party has not paid one-half of that fee.

14.The Father shall be named as an emergency contact at any day-care centre, kindergarten, school and/or sporting club attended by the child.

15.In the event that the child is ill, unless it is of a serious nature, spend time will occur however the Mother will inform the Father in a timely manner of the fact of the illness and any medication required or prescribed, and in the event that the child is suffering from a serious illness, there will be make-up time as agreed.

16.Each party keep the other informed of any serious medical or dental issues relating to the child and authorise the child’s treating practitioners to communicate with the other parent, and in doing so, provide a copy of these orders to any such treating practitioners as evidence of such authority.

Restraints

17.The Father and Mother be and are hereby restrained by injunction from:

(a)denigrating each other or any member of the child’s family within the hearing or presence of the child; and

(b)causing or knowingly permitting any other person or agent to do anything the Mother or Father must not do under this Order.

18.The Father be restrained by injunction from:

(a)operating power tools in the presence of the child or operating any other potentially hazardous equipment in the presence of the child without exercising all due care;

(b)taking the child to any gym training, matches, tournaments, or events without the written consent of the Mother; and

(c)allowing the child to participate in any form of gym training without the written consent of the Mother.

Parenting Programs

19.Each party forthwith undertake a ‘Post-Separation Parenting’ course if they have not already done so and provide a certificate of completion to the other party and/or their Solicitor.

Other Orders

20.Pursuant to rule 21.15 of the Federal Circuit Court Rules 2001, the Court certifies that it was reasonable for the parties to employ an advocate.

21.All extant applications be otherwise dismissed.

AND THE COURT NOTES THAT:

A.The Father will continue to pay, through the child support agency, child support to the mother for the child as may be assessed by the child support agency from time to time.

B.Pursuant to ss.65DA(2) and 62B of the Family Law Act1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Abramov & Laderman is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Judge McNab:

INTRODUCTION

1. This proceeding concerns parenting orders to be made in respect of the child X born in 2017 (“the child”). The applications before the Court are the Father’s amended initiating application filed on 1 February 2021 and the Mother’s amended response filed 16 February 2021.

2. The Father is 34 years old and is employed full-time at the Employer D as a tradesman.  He currently works nine days per fortnight – Monday to Friday, 7.00am to 3.00pm – and has a rostered day off every second Monday.

3. The Mother is 35 years old and is engaged in home duties.  She also has the care of another child, E born in 2013, from a previous relationship. 

4. The parties commenced cohabitation in 2016.  The child was born in 2017 and the parties separated on or about 1 March 2017.

   BACKGROUND

5. The parties attended mediation in May 2019 and agreed on a parenting plan (“the first parenting plan”) and subsequently attended a further mediation on 12 December 2019 where a second parenting plan was agreed (“the second parenting plan”).

6. The Father filed an initiating application on 29 May 2020 and interim parenting orders were made on 10 August 2020. Those orders are currently in full force and effect, and the child is spending time with the parties in accordance with those orders. Those orders, in accordance with the second parenting plan, are:

   (a)The mother and the father have equal shared parental responsibility for the child X born in 2017 (“the child”).

   (b)The child live with the mother.

   (c)The child spend time and communicate with the father as follows:

   (i) In Week 1, and each alternate week thereafter:

   A. From 9:30 a.m. to 5:00 p.m. each second Monday, to coincide with the father’s rostered day off, commencing on 10 August, 2020.

   B. On Wednesday from 4:00 p.m. until 7:00 p.m.

   (ii) In Week 2, and each alternate week thereafter:

   C.From 5:00 p.m. on Friday until 1:00 p.m. on Sunday, commencing on 7 August, 2020; and

   (iii) In the event that Father’s Day should occur when the child is in the care of the mother, from 4:00 p.m. on the day before Father’s Day until 7:00 p.m. on Father’s Day.

   (iv) Should the father’s birthday and/or the child’s birthday occur when she is in the care of the mother, from 4:00 p.m. until 7:00 p.m.

   (v) Otherwise as mutually agreed, provided that the parties shall negotiate to ensure that the child can spend one full week in the care of the mother during all school term holiday periods, and make-up time shall occur as agreed.

7. On 20 October 2020 a family report prepared by Ms F (“the family consultant”) was released.  That family report contains the following recommendations in relation to spend time:

   68. X live with her mother

   69. X spend time with her father a follows, until she turns 5:

   a. Week 1: from Monday at 4.00 pm until Tuesday at 8.00 am and Friday at 4.00 pm until Monday at 7.00 pm

   b. Week 2: Thursday from 4.00pm until 7.00pm

   70. When X turns 6, the time X spends with her could increase by another night, without more than 3 consecutive nights with her father.

8. No recommendations were made in the report in relation to holidays during the school year or the long Christmas holiday.

9. On 1 February 2021 the Father filed an amended initiating application seeking orders consistent with the recommendations made by the family consultant, but with an increase in overnight time commencing when the child turns five rather than when the child turns six, as was recommended by the family consultant in the family report. 

10. By way of a minute of proposed orders provided to the Court on 4 March 2021, the Mother seeks the following arrangements in relation to the child spending time with the Father:

    1. The Mother and the Father have equal shared parental responsibility for X born in 2021 (“the child”).

    2. The child live with the Mother.

    3. The child spend time with and communicate with the Father:

    3.1. Each alternate Monday from 9:30am to 5:00pm to coincide with the Father’s Rostered Day Off.

    3.2. Each alternate Wednesday from 4:00pm until 7:00pm in the week of the Father’s Rostered Day Off.

    3.3. Each alternate weekend from 5:00pm Friday until 1:00pm Sunday.

    Commencing in 2022

    3.4. Each alternate Monday from 9:30am to 5:00pm to coincide with the Father’s Rostered Day Off.

    3.5. Each alternate Wednesday from 4:00pm until 7:00pm in the week of the Father’s Rostered Day Off.

    3.6. Each alternate weekend from 5:00pm Friday until 5:00pm Sunday.

    Commencing in 2023

    3.7. Each alternate Wednesday from the conclusion of school (or 3:15pm if a non-school day) until 6:30pm, but if the Father is unable through work commitments to collect the child from school, then from 4:000pm until 7:00pm.

    3.8. Each alternate weekend from 5:30pm Friday until the commencement of school on Monday (or 9:00am if a non-school day), (such weekend to coincide with the Father’s Rostered Day Off.

    Commencing forthwith

    3.9. In the event that Father’s Day occurs when the child is in the care of the Mother, from 5:00pm on the day before Father’s Day until 7:00pm on Father’s Day.

    3.10. From 3:00pm 25 December 2021 until 3:00pm 26 December 2021 and alternate years thereafter.

    3.11. From 3:00pm 24 December 2022 until 3:00pm 25 December 2022 and alternate years thereafter.

    3.12. From 3:00pm Easter Sunday 2021 until 3:00pm Easter Monday and alternate years thereafter.

    3.13. From 3:00pm Easter Saturday 2022 until 3:00pm Easter Sunday and alternate years thereafter.

    3.14. On 11 August in each year (if the child is not otherwise with him) from 4:00pm until 7:00pm.

    3.15. On 17 February in each year (if the child is not otherwise with him) from 4:00pm until 7:00pm.

    3.16. As otherwise agreed between the parties.

    4. Notwithstanding paragraph 3 hereof, the Father’s time with the child be suspended:

    4.1. From 5:00pm on the Saturday preceding Mother’s Day until 7:00pm on Mother’s Day.

    4.2. From 3:00pm 24 December 2021 until 3:00pm 25 December 2021 and alternate years thereafter.

    4.3. From 3:00pm 25 December 2022 to 3:00pm 26 December 2022 and alternate years thereafter.

    4.4. From 3:00pm Easter Saturday 2021 until 3:00pm Easter Sunday 2021 and alternate years thereafter.

    4.5. From 3:00pm Easter Sunday 2022 until 3:00pm Easter Monday 2022 and alternate years thereafter.

    4.6. On 16 February in each year from 4:00pm until 7:00pm (if the child is not otherwise with her).

    4.7. On 17 February in each year from 4:00pm until 7:00pm (if the child is not otherwise with her).

    4.8. From 5:00pm 22 January until 7:00pm 23 January in each year (if the child is not otherwise with her).

    4.9. As otherwise agreed between the parties.

    THE FAMILY CONSULTANT’S EVIDENCE

11. The matter was heard on 3 March 2021 and 4 March 2021 during the Morwell Circuit of this Court. On 4 March 2021, the family consultant appeared via Microsoft Teams and was examined by Counsel for each of the parties in relation to the family report and her recommendations. The parties relied on their respective trial affidavits and case outlines. Due to the pragmatic and cooperative approach taken by the parties, assisted by experienced Counsel, the matter proceeded on the basis that Counsel would cross-examine the Family Consultant. Otherwise, the matter proceeded on the basis of reviewing the affidavit evidence of the parties as well as submissions made in regard of the respective proposals put by the parties.

12. The family report provides a helpful narration of the background material set out in each of the parties’ affidavits and also made reference to correspondence from the child's childcare centre in relation to separation anxiety that the child suffers and the child's play style.  The themes explored in the family report centred on the conflict between the Mother and Father. It also explored ongoing concerns voiced by the Mother in relation to the Father’s behaviour during the relationship and following separation, as well as his failure to adequately care for the child on an occasion where the child's hand was badly injured due to her having access to a power tool whilst in the care of the Father.

13. The family consultant gave evidence that her impression was that the Father did seem to be genuinely remorseful in relation to that incident, had learned from it, and that it was an event that was traumatic for everyone involved: see Transcript at page 5, line 15 – 33.

14. The family consultant was examined in relation to the child exhibiting separation anxiety. She expressed the view that it was typical for a child to exhibit as upset when separating and that expression of upset does not usually reflect on the parenting capacity of either parent: see Transcript at page 10, line 7 – 14.

15. The family consultant did not have concerns about the child’s relationship with the Father and expressed the view that the Father showed a creative parenting style. The family consultant expressed the opinion that the child could continue to enjoy three consecutive nights in the care of the Father and that the spend time arrangements proposed by the Mother represented too little time as between the child and the Father: see Transcript at page 15, line 30 – page 16, line 4.

1. The family consultant expressed the view that the Father had the capacity to add a dimension as a Father and it would be beneficial for the child to build up to spending nights with the Father. She suggested a slow approach to increasing time, as there were no risk issues: see Transcript at page 16, line 6 – 9. The family consultant initially recommended in the family report that when the child turns six, the child’s time with the father “could increase by another night, without more than three consecutive nights with the Father”. However, while giving oral evidence at the hearing, the family consultant said that the same arrangement could occur when the child turns five: see Transcript at page 15, line 30 – 39.

2. As to school/kindergarten holidays in 2022, the family consultant gave oral recommendations at the hearing that the child could spend time with the Father for five to seven nights consecutively in mid-year holidays, and five to seven nights during the long holiday at the end of the year. She also recommended that if the child was to become distressed then she could be returned to the Mother: see Transcript at page 16, line 13 – 29.

3. In relation to what the family consultant recommended was to happen now, the family consultant made oral recommendations at the hearing that the status quo be maintained (see Transcript at page 16, line 9 – 15), as set out at [69] of the family report:

   69. X spend time with her father follows, until she turns 5:

   a. Week 1: from Monday at 4:00 pm until Tuesday at 8:00 am and Friday at 4:00 pm until Monday at 7:00 pm

   b. Week 2: Thursday from 4:00 pm until 7:00 pm

   CONSIDERATION

4. The family consultant made it clear that neither of the parties present a risk to the child, and the difficulty in this case is the lack of co-operative co-parenting by the parties. The family consultant conceded that there were limitations in the methodology for the production of the family report in this matter because the consultant was unable to see the child due to COVID-19 restrictions. That being said, neither Counsel for the Father or Mother pointed to any glaring inconsistencies or improbabilities raised by the family consultant either in relation to the narrative as set out by her in the report or the recommendations she made.

5. For the reasons set out below, the recommendations proposed by the family consultant in her report in relation to the spend time arrangements through the week, are sensible and appropriate. Further, the recommendations made by the family consultant in her oral evidence before the Court are also sensible and appropriate.

6. I have also taken into account the Mother’s concerns about changing the spend time arrangements too quickly.

   Statutory Considerations

7. By operation of s60CA of the Family Law Act 1975 (Cth) (“the Act”), the Court is required to have regard to the best interests of the children as the paramount consideration when making parenting orders. To determine what is in the best interests of the children in this matter, the Court is guided by the primary and secondary considerations set out in s60CC of the Act.

   Primary Considerations

8. I have regard to the following primary considerations:

   S60CC(2)(a) – the benefit to the child of having a meaningful relationship with both of the child's parents;

9. The orders proposed by the family consultant are such as to provide the child with the benefits of having a meaningful relationship with both of the parties. The gradual increase in time enhances those benefits.

   S60CC(2)(b) – the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

10. There is no current intervention order in place, although the Mother does make allegations pertaining to family violence which were denied by the Father.

11. The Father completed a 20 week men’s behaviour change course in 2020.

12. There was an incident where, as a result of an accident, the child was injured by a power tool. That was an unfortunate accident, but the Father is remorseful and has addressed that issue. It was not an example of child abuse – it was an accident.

    Secondary Considerations

13. I have regard to the following relevant secondary considerations:

    s60CC(3)(a) – any views expressed by the child and any factors (such as the child’s maturity or level of understanding) that the Court thinks are relevant to the weight it should give to the child’s views;

14. The child is not of an age to express a view that would assist the Court.

    s60CC(3)(b) – the nature of the relationship of the child with: (i) each of the children’s parents; and (ii) other persons (including any grandparent or other relative of the child);

15. The Mother is the primary carer for the child, however the child has a close and loving relationship with both parents. The orders reflect that relationship.

16. The Court also notes that the child also has a relationship with her half-brother, who lives with the Mother.

    s60CC(3)(ca) – the extent to which each of the child’s parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain the child;

17. The child is maintained by the Mother and the Father pays child support as assessed. There is no evidence that the Mother has done anything to undermine the operation of the orders that have been in place since August 2020 or will seek to undermine any orders made by the Court.

    s60CC(3)(d) – the likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from: (i) either of his or her parents; or (ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;

18. The Mother asserts that the present arrangements have resulted in some emotional distress on the part of the child, evidenced by her clingy nature toward the Mother and her refusal to sleep in her own bed most nights. Those matters were referred to by Counsel when examining the family consultant. In her oral evidence, the family consultant said that such behaviour was not unusual in children of a similar age. The family consultant noted the child’s separation anxiety in the family report, but stated at [67] of the report that “X needs the opportunity to build her relationship with her father without increasing her separation anxiety.”

    s60CC(3)(f) – the capacity of: (i) each of the children’s parents; and (ii) any other person (including any grandparent or other relative of the children), to provide for the needs of the children, including emotional and intellectual needs;

19. Due to the parties’ role in the upbringing of the child, both prior and subsequent to separation, there is no issue that either party does not have the capacity to provide for the needs of the child, whether emotional or intellectual.

    s60CC(3)(i) – the attitude to the children, and to the responsibilities of parenthood, demonstrated by each of the children’s parents;

20. The Mother does note that the child was placed in a dangerous situation in 2018, which resulted in an injury to the child’s finger. It does appear that this was truly an accident, although one that might have been avoided. However, it is a one-off incident and I accept that the Father has learned from that experience. Otherwise both parties present through their evidence as committed and caring parents.

    s60CC(3)(j) – any family violence involving the child or a member of the child's family;

21. There were allegations that the Father has engaged in family violence in the presence of X and E. The Father asserts that the Mother engaged in family violence in 2017. The parties previously had mutual intervention orders made in 2017 and subsequently agreed that the intervention orders were no longer required.

    s60CC(3)(k) – if a family violence order applies, or has applied, to the child or a member of the child's family--any relevant inferences that can be drawn from the order, taking into account the following: (i) the nature of the order; (ii) the circumstances in which the order was made; (iii) any evidence admitted in proceedings for the order; (iv) any findings made by the court in, or in proceedings for, the order; (v) any other relevant matter;

22. The parties previously had mutual intervention orders but it was agreed that the intervention orders were no longer required.

    s60CC(3)(l) – whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to that child;

23. Counsel for the Mother submitted that it is not appropriate to make orders about holiday time due to the age of the child, and that the question of spend time during holidays should be addressed by a further agreement between the parties. I am of the view that there is a risk that the parties will be unable to agree without Court orders. It is appropriate for the Court to make orders for the child to spend time during the holidays with the Father, as it is likely that this is a course which is least likely to lead to the institution of further proceedings.

    s60CC(3)(m) – any other fact or circumstance that the court thinks is relevant

24. An issue was raised by the Mother that the Father should not take the child to a gym he attends, or have the child engaging in sporting activities, without her permission.  I understand the Mother’s concern, as it was raised by Counsel for the Mother that the child is effectively left without the Father’s supervision at the gym whilst the Father trains.

25. The Father says that the child enjoys attending the gym and that there are other children at the gym for the child to play with.  The Father sees his gym training as a healthy sport and positive activity.

26. I hesitate to meddle in parties’ lives where they are acting lawfully, however this issue has been raised between the parties and I have been asked to determine it on behalf of the parties. I understand the respective positions of both parties, however I can see few benefits for a young child spending time watching adults training in a gym, even if that activity is in pursuit of health and fitness.  There are plenty of other healthy activities where the Father could involve the child.

27. For those reasons I will make the orders in relation to the father’s gym activities as proposed by the Mother. The parties agreed that I should make orders in relation to this matter as they could not agree between themselves.

    CONCLUSION

28. For these reasons, I will adopt the recommendations made by the family consultant in her report and in the oral evidence she gave at the final hearing. I will also adopt an amalgamation of the proposed orders sought by the Mother and Father, to the extent that they reflect the reasons for Judgment set out above and do not conflict with the family consultant’s recommendations.

29. I thank Counsel for the efficient and effective manner in which this matter was conducted, in the context of this matter having been conducted over Microsoft Teams and during a busy circuit.

I certify that the preceding forty-four (44) numbered paragraphs are a true copy of the Reasons for Judgment of Judge McNab.

Associate:

Dated:       7 April 2021