Appleby and Appleby

[2016] FamCA 36

FAMILY COURT OF AUSTRALIA

APPLEBY & APPLEBY [2016] FamCA 36

FAMILY LAW – CHILDREN – Interim parenting – Parental responsibility – With whom the children spend time – Best interests of the children –Allegations of family violence – Where the father and children have a strained relationship – Previous recent orders made for family therapy – Application for children to spend time with the father prior to family therapy inconsistent with the best interest of the children – Not satisfied that sole parental responsibility and no time with the father is in the children’s best interests.

Family Law Act 1975 (Cth)ss 60CC, 61C, 61DA, 65DAC

Appleby & Appleby [2015] FamCA 138
Deiter & Deiter [2011] FamCAFC 82
George & George [2013] FamCAFC 182
Goode & Goode (2006) FLC 93-286, (2007) 26 Fam LR 422, [2006] FamCA 1346
Mazorski & Albright [2007] FamCA 520
McCall & Clark (2009) FLC 93-405; 41 Fam LR 483; [2009] FamCAFC 92
SS & AH [2010] FamCAFC 13

APPLICANT: Ms Appleby

RESPONDENT: Mr Appleby

INDEPENDENT CHILDREN’S LAWYER: Ms Ryan as agent for Ms Hafey

FILE NUMBER: PAC 5724 of 2014

DATE DELIVERED: 22 January 2016

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 22 December 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Mahony

SOLICITOR FOR THE APPLICANT: Mahony Family Lawyers

COUNSEL FOR THE RESPONDENT: Mr Reeve

SOLICITOR FOR THE RESPONDENT: Marsdens Law Group

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW Parramatta Family Law

Orders

1. The father’s Application in a Case filed 2 April 2015 be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Appleby & Appleby has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 5724  of 2014

Ms Appleby

Applicant

And

Mr Appleby

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns the two children of the parties, C, who is 11 years old, and D, who is eight years old.

2. The parties commenced living together in 2002, and married in 2008. The parties separated in October 2014 and these proceedings were commenced soon after in November 2014.

3. This application relates to interim parenting orders, in particular, the father’s application to spend time with the children. In his Application in a Case the father seeks an order that the children spend time with him each Sunday for three hours with a supervision service.

4. In her Response to an Application in a Case, the mother relevantly seeks an order that the father spend no time and have no communication with the children. She also seeks an order that she have sole parental responsibility for the children.

Background

1. The parties met in 2001, and commenced living together in early 2002.

2. The parties’ two children, C and D, were born in 2004 and 2007 respectively.

3. The mother was the primary carer of the children throughout the relationship, while the father undertook…