Arnold & Sandor

Case [2024] FedCFamC2F 1845


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Arnold & Sandor [2024] FedCFamC2F 1845

File number(s): MLC 7097 of 2023
Judgment of: JUDGE GLASS
Date of judgment: 19 December 2024
Catchwords: FAMILY LAW – PARENTING – where there are two children aged 7 and 6 – where the children live with the father and have spent no time with the mother since 2022 – where the mother has neglected the children and they have expressed a desire not to see her - where the mother has perpetrated family violence and repeatedly failed to produce hair follicle tests – where the mother has not taken steps as recommended by the Family Report writer
Legislation:

AustralianPassports Act 2005 (Cth) s 11

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DAA, 65DAAA, 65Y

Children, Youth and Families Act 2005 (Vic) s 162

Cases cited:

Adamson & Adamson (2014) FLC 93-622

Bant & Clayton (2019) FLC 93-924

Boyle & Zahur & Anor (2017) FLC 93-814

Carlson & Fluviam [2012] FamCA 32

Cizek & Mihov (2024) FLC 94-206

Eastley & Eastley (2022) FLC 94-094

Lainhart & Ellinson (2023) FLC 94-166

Oberlin & Infeld (2021) FLC 94-017

Raymond & Raymond (2024) FLC 94-180

Sahrawi & Hadrami (2018) FLC 93-857

Vigano & Desmond (2012) FLC 93-509

Division: Division 2 Family Law
Number of paragraphs: 149
Date of last submission/s: 11 December 2024
Date of hearing: 9-11 December 2024
Place: Melbourne
Solicitor for the Applicant: Ms Albore of Bramham Lawyers
Counsel for the Respondent: Ms Paterson
Solicitor for the Respondent: Westminster Lawyers
Counsel for the Independent Children's Lawyer: Ms Burgess
Solicitor for the Independent Children's Lawyer: Schetzer Papaleo Family Lawyers

ORDERS

MLC 7097 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS ARNOLD

Applicant

AND:

MR SANDOR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

19 DECEMBER 2024

THE COURT ORDERS THAT:

1.All previous parenting orders be discharged.

2.The father make sole decisions for all major long-term issues relating to the children X, born in 2017 and Y, born in 2018 (the children).

3.The children live with the father.

4.The children spend no time and have no communication with the mother unless otherwise agreed between the father and the mother in writing.

5.Within 7 days of the date of these orders, the father provide the mother with an email address which she may use only for the purposes of:

(a)keeping the father advised of her email address and telephone number; and

(b)engaging in non-abusive communications with respect to arrangements for time or communication with the children pursuant to order 4 hereof, but only if such communication is instigated by the father.

6.Pursuant to section 65Y of the Family Law Act 1975 (Cth), the children be permitted to travel internationally with the father without first receiving the consent of the mother.

7.Pursuant to section 11(1)(b) of the AustralianPassports Act 2005 (Cth), the father is hereby authorised and permitted to apply for, renew and receive an Australian passport…

Continue reading Arnold & Sandor

Sign in free to access the full text

Details
AGLC
Arnold & Sandor [2024] FedCFamC2F 1845
Case
[2024] FedCFamC2F 1845
Decision Date

CaseChat Overview and Summary

The case of Ms Arnold v Mr Sandor, heard by Judge Glass, involved a dispute over the parenting of two children, X and Y, born in 2017 and 2018, respectively. The children currently reside with their father and have not spent any time with their mother since 2022. The mother has been found to have neglected the children and engaged in family violence. The children have expressed a strong desire not to see their mother, and the mother has repeatedly failed to comply with court-ordered hair follicle tests. The mother also has not taken the steps recommended by the Family Report writer.

The primary legal issues before the court were whether sole decision-making authority should be granted to the father, and whether the children should continue to have no contact with their mother. The court had to consider the best interests of the children, which included their expressed wishes, their safety, and their emotional and psychological well-being. The court also needed to determine whether the father should be authorised to apply for passports for the children and whether the children should receive psychological support.

In delivering the judgment, Judge Glass noted that the children have been living with their father since 2022 and have not seen their mother since that time. The court found that the mother's neglect and perpetration of family violence had significantly impacted the children, and that the children had expressed a clear desire not to see their mother. The court concluded that it was in the children's best interests for the father to have sole decision-making authority for all major long-term issues and for the children to have no contact with their mother. The court also found that the father should be permitted to apply for passports for the children and that the children should receive psychological support to address the issues raised in the Family Report.

The court's orders reflect its findings, granting sole decision-making authority to the father, prohibiting the children from having any contact with their mother, and authorising the father to apply for passports for the children. The court also ordered that the children receive psychological support and that the father provide the mother with an email address for limited communication purposes. The orders also include provisions for the father to provide relevant professionals and organisations with copies of the court's orders and the Family Report. The Independent Children's Lawyer was discharged, and all extant applications were dismissed.

Orders

Orders of the court

MLC 7097 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS ARNOLD

Applicant

AND:

MR SANDOR

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

19 DECEMBER 2024

THE COURT ORDERS THAT:

1. All previous parenting orders be discharged.

2. The father make sole decisions for all major long-term issues relating to the children X, born in 2017 and Y, born in 2018 (the children).

3. The children live with the father.

4. The children spend no time and have no communication with the mother unless otherwise agreed between the father and the mother in writing.

5. Within 7 days of the date of these orders, the father provide the mother with an email address which she may use only for the purposes of:

(a) keeping the father advised of her email address and telephone number; and

(b) engaging in non-abusive communications with respect to arrangements for time or communication with the children pursuant to order 4 hereof, but only if such communication is instigated by the father.

6. Pursuant to section 65Y of the Family Law Act 1975 (Cth), the children be permitted to travel internationally with the father without first receiving the consent of the mother.

7. Pursuant to section 11(1)(b) of the Australian Passports Act 2005 (Cth), the father is hereby authorised and permitted to apply for, renew and receive an Australian passport for X, born in 2017 and Y, born in 2018 (the children).

8. The father engage the children with a child psychologist to address the issues raised in the Family Report prepared by Dr B.

9. The father is at liberty to provide a copy of the Family Report of Dr B dated 12 December 2023 and a copy of these Orders to any counsellor, psychologist, mental health professional or allied health professional upon whom he or the children attend.

10. The father is at liberty to provide a sealed copy of these orders to:

(a) The Registrar of Births, Deaths and Marriages Victoria;

(b) The Australian Passports Office;

(c) Victoria Police;

(d) Australian Federal Police (if applicable);

(e) Any school the children attend; and

(f) Any professional or organisation with which the children are associated.

11. Within 7 days the Independent Children’s Lawyer be discharged.

12. All extant applications be dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.