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…
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CaseChat Overview and Summary
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
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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