Arslan & Yildiz

[2021] FamCA 550

FAMILY COURT OF AUSTRALIA

Arslan & Yildiz [2021] FamCA 550

File number(s):	SYC 5694 of 2020
Judgment of:	REES J
Date of judgment:	30 July 2021
Catchwords:	FAMILY LAW – INTERIM PARENTING – Review of a Senior Registrar’s decision – Orders for the father to spend unsupervised overnight time with the children.
Number of paragraphs:	83
Date of hearing:	28 July 2021
Place:	Sydney
Counsel for the Applicant:	Mr Batey
Solicitor for the Applicant:	York Family Law Specialists
Counsel for the Respondent:	Mr Campton SC
Solicitor for the Respondent:	Mills Oakley Lawyers
Solicitor for the Independent Children's Lawyer:	Ms Weaver, Legal Aid NSW

ORDERS

SYC 5694 of 2020

BETWEEN:

MR ARSLAN

Applicant

AND:

MS YILDIZ

Respondent

LEGAL AID NSW

Independent Children’s Lawyer

ORDER MADE BY:	REES J
DATE OF ORDER:	30 JULY 2021

THE COURT ORDERS, PENDING FURTHER ORDER:

1.That the children, X born … 2012; Y born … 2013; and Z born … 2015 (collectively referred to as “the children”) shall spend time with the father as follows:

a.        Until the commencement of school Term 4 in 2021:

i.         The first three (3) Sundays in each month from 9:30am until 5:30pm.

ii.During NSW school holidays, on the first seven (7) days of the school holidays from 9:30am until 5:30pm each day.

b.During school Term 4 in 2021 each alternate weekend from 9:30am Saturday until 5:30pm Sunday.

c.During the 2021/2022 Summer school holidays, for two (2) periods of four (4) nights, and one (1) period of seven (7) nights; but failing agreement from:

i.         9:30am on 20 December 2021 until 5:30pm on 24 December 2021;

ii.        9:30am on 2 January 2022 to 5:30pm on 6 January 2022; and

iii.       9:30am on 15 January 2022 until 5:30pm on 22 January 2022.

d.        From the commencement of school Term 1 2022:

i.During school terms, each alternate weekend from the end of school on Friday until 5:30pm on Sunday.

ii.        For half of each school holiday period, but failing agreement:

A.       The first half of the holidays in even-numbered years; and

B.       The second half in odd-numbered years.

2.That the children will not spend time with the father overnight until such time as the Independent Children’s Lawyer and the mother have been satisfied that the father has secured accommodation with not less than three bedrooms.

3.That the child W born … 2007 (“W”) shall spend time with the father, including any overnight time at the father’s home in accordance with her wishes, and the father is to make arrangements for W to be returned to the mother’s residence in the evening on any day she is spending time with him and requests to return to her mother’s home overnight.

4.That for the purpose of implementing these orders, changeovers will occur at the home of the father’s sister, Ms B, at C Street Suburb D NSW, and the father is restrained from attending at those premises at any time when the mother is at those premises either to deliver the children or collect them.

5.That both parents be restrained from publishing, or allowing others to publish, on social media, video, photographic or audio recordings of the children or from allowing the children to have access to social media.

6.That pursuant to Sections 65DA(2) and 62B of the Family Law Act 1975 (Cth) the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these Orders.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

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

REASONS FOR JUDGMENT

Rees J:

1. Ms Yildiz (“the mother”) and Mr Arslan (“the father”) are the separated parents of four children, W aged 13, X aged 9, Y aged 8 and Z aged 6 years.

2. The parents separated in April 2019 when the father left the home where the mother remained with the children.

3. On 1 July 2021, orders were made by a Senior Registrar in relation to the parenting arrangements. Because the mother now seeks to review only some of the orders, it is convenient to set out the orders in their entirety:

   1.BY CONSENT pursuant to Part 10.4 of the Family Law Rules, orders, declarations and notations are made in terms as set out hereunder:

   1.That leave be granted to the Applicant Father to provide his counsellor, Mr E a copy of the single expert report of Mr F dated 11 March 2021.

   2.The children, W born … 2007; X born … 2012; Y born … 2013; and Z born … 2015 (collectively referred to as “the children”) shall live with the Mother.

   3.The children will spend time with the Father as follows, subject to Order 3 herein:

   a.        Until the commencement of school Term 4 2021:

   i.The first three (3) Sundays in each month from 9:30am until 5:30pm

   ii.During NSW school holidays, on the first seven (7) days of the school holidays from 9:30am until 5:30pm each day

   b.        During school Term 4 2021:

   i.        Each Thursday from the end of school until 7:00pm

   ii.Each alternate weekend from 9:30am Saturday until 5:30pm Sunday

   c.During the 2021/2022 Summer school holidays, for two (2) periods of four (4) nights, and one (1) period of seven (7) nights; but failing agreement from:

   i.9:30am on 20 December 2021 until 5:30pm on 24 December 2021

   ii.        9:30am on 2 January 2022 to 5:30pm on 6 January 2022; and

   iii.       9:30am on 15 January 2022 until 5:30pm on 22 January 2022

   d.        From the commencement of school Term 1 2022:

   i.        During school terms:

   A.       Each Thursday from the end of school until 7:00pm

   B.Each alternate weekend from the end of school on Friday until 5:30pm on Sunday

   ii.        For half of each school holiday period, but failing agreement:

   A.The first half of the holidays in even-numbered years; and

   B.        The second half in odd-numbered years

   4.W’s time with the Father, including any overnight time at the Father’s home is subject to her wishes, and the Father is to make arrangements for W to be returned to the Mother’s residence in the evening on any day she is spending time with him and requests to return to her Mother’s home overnight.

   5.The parties are each to ensure the children’s attendance at all sporting and extracurricular activities they are enrolled in or required by their schools to participate in while the children are in their care.

   6.Changeover of the children between the parents when not occurring at school shall take place at a public venue to be nominated by the Mother, approximately halfway between the parties’ homes.

   7.The parties are to provide suitable sleeping arrangements for the children when they spend time with them overnight, at a minimum ensuring that W will have her own bedroom to sleep in and that X, Y and Z will each have their own beds to sleep in at all times.

   8.        The parties are each restrained from

   a.Denigrating the other party in the presence of or hearing of the children and further, both parties must do all acts and things and ensure as far as possible that no third party denigrates the Father or the Mother or the Father’s family or the Mother’s family in the presence of or hearing of the children.

   b.Discussing these proceedings with the children or in the presence of or hearing of the children and further, both parties do all acts and things and ensure as far as possible that no third party discusses these proceedings with the children or in the presence of or hearing of the children.

   c.Approaching the other party, their vehicle or their workplace other than for the purpose of facilitating changeover of the children in accordance with these orders

   d.Video-recording handovers of the children between the parents, and video-recording the children or the other parent at any time for the purpose of gathering evidence in these proceedings.

   e.Involving the children in protests or political/religious demonstrations without the prior written consent of the other parent

   9.Each parent is to keep the other informed of any health issues and medical treatment of the children or any of them when the children are with them, including doing the following:

   a.In the event any of the children suffer any serious injury or illness or are hospitalised while in their care each parent must immediately notify the other parent of the nature of such injury or illness and the name, address and telephone number of the relevant hospital or medical practitioner treating the child or children.

   b.Each parent must provide all necessary consents for the other parent to contact any hospital, medical practitioner, dentist, counsellor or other health professional to discuss the children's treatment and progress and to obtain any information required by that parent about the children.

   10.Each party is to give all consents, sign all documents and do all things necessary to ensure that each parent can obtain the following from the children’s schools at their own cost:-

   a.        A copy of all school reports, progress reports and photo order forms;

   b.Notification of activities that they may decide to attend, such activities being those that parents are ordinarily entitled to or invited by the school to attend, and

   c.Notification of parent/teacher interviews

   and the school is informed that it is the desire of both parents to attend such events.

   11.The Father is to continue to stand upon therapist Mr E fortnightly for the purpose of parenting education, such therapy to include:

   a.The Father completing a parenting after separation course on a one-to-one basis;

   b.The Father completing the course “H Program” or similar program on a one to one basis; and

   c.The Father obtaining support to improve his parenting capacity and maintain his relationship with his children in the context of the family separation, noting the concerns raised by Mr F in his report dated 14 April 2020, a copy of which the Independent Children’s Lawyer is authorised to provide to Mr E within seven (7) days of the date of these Orders, together with a copy of these Orders.

   12.Within seven (7) days of the date of these Orders, the parties are each to subscribe to the “Our Family Wizard” parenting app, and thereafter are to use this app for the purposes of all communication between them concerning the care and welfare of the children, other than in the case of an emergency.

   13.The matter is otherwise adjourned to Registrar Aitken on 7 July 2021 at 11:30am for ongoing case management at the Family Court of Australia in Sydney.

   (As per original)

4. The mother seeks to review orders 3(b), (c) and (d), which are the orders making provision for the children to spend overnight time with the father and order 6.

5. The matter thus comes before me by way of hearing de novo in relation to the issue of overnight time and the arrangements for contact handover.

6. The mother’s position is that the children should spend day time only periods with the father because, she alleges, he has a history of perpetrating violence upon her, both verbally and physically, such that prolonged exposure of the children to the father will pose a risk to their well-being.

7. She also seeks a further order restraining both parents from publishing, or allowing others to publish, on social media, video, photographic or audio recordings of the children.

8. The mother seeks an order that both parents be restrained from allowing the children access to social media and an order restraining the father from physically disciplining the children.

9. The father opposes the mother’s application and seeks to maintain the regime put in place by the orders of 1 July 2021.

10. An Independent Children’s Lawyer (“ICL”) has been appointed for the children. The ICL supports the maintenance of the current regime.

11. A number of issues were the subject of compromise:

    ·The parents agree that W’s time with her father is to be in accordance with her wishes.

    ·The father consents to the making of an order restraining him from bringing the children into contact with his brother, Mr G.

    ·The father agrees that, during any time the children spend with him, he will ensure that they attend all school mandated activities and team activities.

    ·The father agrees that overnight time with the children should be conditional upon his securing premises with three bedrooms.

12. The Court was assisted by a report from a single expert psychologist, Mr F who conducted interviews in February 2021 and prepared a report dated 14 April 2021.

13. Whilst Mr F’s opinion and conclusions have not yet been the subject of

    
    

    cross-examination, his account of what was said to him by each of the parents, the children and other family members is relevant and admissible evidence for the purpose of this determination.

14. The significant issue is the mother’s allegation of family violence. She gives a history of physical violence towards herself, of verbal denigration and of controlling behaviour perpetrated by the father. She described events where the father’s behaviour was dysregulated, aggressive and hostile.

15. The violence culminated in an incident on 24 May 2020 where the father, with the children in his vehicle, recklessly drove his vehicle towards the mother’s vehicle so that she had to swerve to avoid a collision. The father then drove to the mother’s home and threatened her.

16. On 9 November 2020, the father pleaded guilty to charges of intimidating the mother and an Apprehended Domestic Violence Order was made for the protection of the mother for a period of two years.

17. The father’s evidence in relation to the incident on 24 May 2020 is that it was an entirely innocent event.

18. In his interviews with Mr F, the father denied that he was violent or abusive. He denied that he has problems with emotional or behavioural regulation. He said that the mother’s allegations are examples of her manipulation of the truth. He denied threatening the mother or abusing her. He said that the incident involving their vehicles on 24 May 2020 “was purely coincidental and conveyed no mal-intent on his behalf”.

19. The father denied that either he, or any member of his family, spoke negatively about the mother.

20. The children’s versions of the father’s behaviour, as recounted to Mr F, are consistent with those of the mother.

21. Mr F reported his interview with W, whom he described as:

    …a bright, engaging, articulate and intelligent young woman. Her approach was considered, and her responses to my questions measured. She conveyed a level of maturity beyond her years, and she impressed as forthright, balanced and believable. She communicated a sophisticated level of insight and understanding insofar as her family, about whom she spoke with considerable love and affection.

22. Mr F recorded W’s complaint about the pressure of questioning by the father and the paternal family about her mother. He stated:

    W told me that she has spoken with her father about this and asked that he speak with family members in an attempt to dissuade them from this line of questioning and the inevitable sense of betrayal that this kind of invitation to report on her mother evokes in her.

23. Mr F stated:

    W however loves her father, wants to see him and wants to spend time with him. She told me that she remains reluctant to have sleepovers, that she feels uncomfortable, that it is simply easier for her to sleep in her own bed, but in some ways, more importantly, because she felt that should she sleepover, that the opportunity for even more questioning and interrogation would increase. Importantly, W told me that her father used to question her a great deal, but that this has lessened significantly, and that the questioning and the speaking badly mainly emanates from members of her father's family. W described how she felt unable to defend against this kind of enquiry, that she felt under attack, that it made her upset and angry to be embroiled in the dispute, noting that it was not her responsibility to solve the problems of her parents.

24. In relation to W’s recollection of the events of 24 May 2020, Mr F reported:

    She explained how there had been constant fighting between her parents, and that their conflict escalated very significantly. She spoke about how minor conflict seemed to escalate exponentially, to the point that she felt frightened about the possible outcome. She described the episode when she and her siblings were in the car with their father after religious celebrations, when there was almost the collision between her parent’s motor vehicles. Her recollection of this event was that her father was returning the children to their mother, she was not there, and so he just decided to drive around. Her mother had been visiting at the home of a friend, and whilst driving home pulled out into the road and that there was nearly a collision between her parents. W told me that she did not know if her father knew that it was her mother in the car but that he did nearly collide with her, and would have had she not swerved out of the way. W told me that she was frightened that there was going to be a collision.

25. The effect on W of the conflict between her parents was graphically related to Mr F.

    W also spoke of the stress and the distress of her parents’ conflict, which culminated in her having had a panic attack and collapsing. She told me that this had happened on a number of occasions, and that when her parents fought she became very frightened, developed shortness of breath, felt dizzy and became panicked… W also spoke about the negative diatribe about her mother from her father and her father's family, that the questioning caused her enormous discomfort, dragged her into the middle of the conflict, and placed both her and her siblings in an impossible situation.

26. Mr F reported:

    She told me that the week prior to my meeting with the family her paternal uncle spoke very negatively about her mother, called her names and shared his negative views about her with them, something about which she felt enormously angry but kept inside. W defiantly told me that she knows her mother, what her mother is like, and that even though what her uncle said was what he believed to be the case, that for the majority, what he was saying was simply not true. W recalled that her father was trying to tell his brother to stop, to not speak badly about her mother in the presence of the children, and to keep his sentiments to himself.

27. W told Mr F, about her father:

    …when he gets angry, that he cannot contain his emotions and that at these times he frightens her.

28. X told Mr F:

    …that they used to fight a great deal, and spontaneously told me about a time when they went to the beach with her mother's friend, that they were in the car, that his father did not like the clothing that his mother was wearing and that as a consequence they had a huge fight.

29. Mr F reported:

    He too spoke about his concern that at times, his father and his father's family speak negatively about his mother, that he does not like the experience of being trapped and confronted with this criticism, but also qualified that his father hasn't done so for a long time and that it is more so his uncle who shares these negative sentiments. X also told me that this father tried to stop his brother from speaking negatively, but also reflected that his uncle is divorced, and doesn't want to give money to his wife and simply does not like his wife. X seemed attuned to the emotional climate around him.

1. As to X’s recollection of the events of 24 May 2020, Mr F reported:

   I spoke with X about some of the significant events that have occurred in the family and asked the open-ended question about what happened in the car; X's account was that his father drove the car like he was going to go into her, that he then followed his mother, and then gesticulating how his father drove forcefully towards his mother's car. X recalled that his father was calling his mother's friend bad names, that he was extremely angry and that his father thought that his mother had a boyfriend. Importantly, X, who described his father in unequivocally positive terms, also described his father as a person who gets extremely angry, and disproportionately so, adding that the extent of his father's anger is confusing and upsetting. X seemed very aware of the nature of his father's distress, at least his historical distress, explaining that his father doesn't want his mother to get married again, recalling that on one occasion, his father told him that if his mother was to marry again that he would bash up the boy who she married; X told me that he thought that his father was just joking.

2. Y told Mr F:

   …his parents used to fight a great deal, that small conflict escalated into a big conflict, noting that they still fight now, that they are not friends but that things do appear to be settling down.

3. Mr F reported, that Y:

   …told me that he remembered a great deal of their screaming, that they yelled at each other, and that he was often frightened.

4. Mr F stated:

   Y described his parents in unequivocally positive terms. He described his father as kind, nice, a person who has lots of talents, but that he was also a person “ ….who did bad stuff to my mum”. When asked if he could change his father, the only thing that he would make different was to stop him doing bad stuff to mum. Y did not understand the reason for supervision, told me that he felt safe in the company of his father, would go to his father if he was frightened or needed comfort or attention, and that he trusted his father. Y spoke unequivocally positive about his mother, described her as a strong person, that she does lots for him, that she is a really good mother, although he wished that she would stop fighting with his father.

5. As to Y’s recollection of the events of 24 May 2020, Mr F recorded:

   … he told me that his father tried to crash into his mother, his mother went to the police and that the following day W was so upset, she couldn’t even go to school.

6. In relation to his interview with Z, Mr F reported:

   Z also spoke openly and directly about his family, his love for his parents, his recollection that they used to fight, the tension and conflict across the families, and that his father used to do bad things like yelling at his mother. Z was happy to discuss the family, but quickly expired during the interview, finding the distraction of his brothers outside too consuming. He nonetheless told me that he loved his father, that he missed him, that his mother decides if and when he sleeps over his father's house, but that Z was hopeful that things would change, that he missed his father, did not get to see him very much, and was hopeful that sleepovers would soon commence… He describe [sic] both of them in positive terms, but told me that his wish was that his father would not be rude and in particular to his mother, and that if he did so, that he thought he could see more of him.

   CONSIDERATION

7. There is no dispute that the children will benefit from having a meaningful relationship with their father and that they should spend time with him unsupervised.

8. In so far as the mother asserts that the father’s behaviour poses a psychological risk to the children, the issue is whether, by limiting their time with him to day only periods, that risk is lessened.

9. There is no dispute that all of the children love their father and want to spend time with him.

10. The parents have recognised W’s reluctance to spend overnight time with the father.

11. X told Mr F that he wants to spend more time with his father and his reluctance to have overnight time with his father is because he believes that this will cause distress to his mother.  He otherwise has no objections to spending overnight time with his father.

12. Y told Mr F “clearly and directly” that he wants more time and overnight time with his father and that he is angry because he doesn’t spend enough time with him.

13. Z told Mr F that he missed his father and hoped sleepovers would start soon.

14. If the father has, in the past, behaved aggressively towards the mother, as she alleges, are the children at risk of his behaving in a similar way towards them? If the father, and members of the paternal family have denigrated and criticised the mother to the children, as the children allege, then does that behaviour continue?

15. In relation to the mother’s allegations of violence, although she asserts that the children were present on occasions and witnessed the father’s behaviour, she does not suggest that he has behaved violently towards the children. It is, however, clear from the children’s conversations with Mr F that they found their father’s behaviour towards their mother upsetting and distressing.

16. It is critical to the children’s welfare that they not again be exposed to any possibility of aggressive behaviour towards their mother by their father.

17. Counsel for the father, without attempting to minimise or justify the father’s past behaviour, submitted that the evidence suggests that the father has modified his behaviour and that there should be no concern that his denigration of the mother continues.

18. There is support for that proposition in the children’s statements to Mr F in February 2021.

19. W said that the father’s questioning of her had significantly diminished.

20. X told Mr F that his father had not denigrated his mother for a long time.

21. Y told Mr F that things seemed to be settling down.

22. Z said that his father “used” to do bad things.

23. The father relied on a report from his treating therapist, Mr E dated 25 June 2021. I note that Mr E had, at the time of the report, seen the father on eight occasions. The father saw Mr E on 10 February 2021. Mr F’s interviews were conducted on 20 and 21 February 2021. The father then stopped seeing Mr E and resumed his appointments in June 2021.

24. At the time Mr E prepared his report, he had not been provided with a copy of the report of Mr F.

25. Mr E stated that the father:

    …expressed deep regret and remorse about his behaviour that led to an AVO being issued for [the mother’s] protection. He has acknowledged that he behaved poorly on this occasion and did not take into consideration the impact that his behaviour could have on the children.

26. Since Mr E does not report what behaviour the father regretted, it is difficult to know what to make of Mr E’s statement. Read literally, it suggests that there was only one occasion on which the father behaved in a manner he regrets whereas the mother’s evidence, and the children’s statements, suggest there were many incidents.

27. Neither is it possible to ascertain from Mr E’s report when the father expressed that regret. There were no such expressions to Mr F when he saw the father in February 2021.  

28. Mr E reported:

    [The father] acknowledged that, after the separation, he and some of the paternal family spoke about [the mother] in a derogatory way and that this did, on occasion, occur in front of the children. [The father] said that he and the paternal family ceased doing this because of the negative impact this had on the children. Over the course of therapy, [the father] has developed a greater understanding of the hazards that speaking in a derogatory way about the other parent can have on children’s emotional and psychological wellbeing. He said that he now only speaks in a positive manner about [the mother] to the children.

29. Again, it is not clear when the father developed an understanding that he did not appear to have had when he spoke to Mr F.

30. However, the mother does not assert that the children have reported to her that the father has denigrated her since the incident on 24 May 2020 although she deposed that X told her in February 2021 that the father’s brother, Mr G, had told him “Your mother is a fucking bitch” and “Your mother is a fucking slut.” At that time, Mr G was supervising the father’s time with the children.

31. W told Mr F that a week before their interviews, in February 2021, the father’s brother called her mother names and “shared his negative views about her” with the children. W said that her father tried to stop his brother speaking about her mother, I infer without success.

32. X also told Mr F that his father tried to stop his uncle denigrating the mother.

33. The mother, in February 2021, told Mr F that the implementation of the AVO had “helped to contain” the father’s behaviour.

34. I do not accept that limiting the time that the children spend with the father, as the mother proposes, will limit their being exposed to denigration of their mother by their father. There is ample opportunity for the father to denigrate the mother between 9.00am and 5.00pm if that is what he chooses to do.

35. Logic does not suggest that he is more likely to engage in such conduct if the children stay with him overnight.

36. It is appropriate that the children have the opportunity to spend overnight time with their father once he has appropriate accommodation for them.  It is also appropriate that overnight time is delayed for a period of time as the father and the Independent Children's Lawyer both propose so that the mother can have some confidence that, in the day time contact periods the father is exercising, he has ceased his previously inappropriate denigration of her.

37. A delay in the introduction of overnight time will also give the father time for more therapy with Mr E and, hopefully, to gain more insight into the damage that his past behaviour has done to his children and the damage that can still be done if he allows other family members to denigrate the children’s mother.

    CHANGEOVERS 

38. The current orders mandate changeover between the parents at a public place which is equidistant from their respective residences.

39. The mother proposes that changeover occur at the home of the father’s sister where she can deliver the children and then leave the premises without any interaction with the father.

40. This is an arrangement that has been successful in the past.

41. It is highly desirable that the children should be protected from any unseemly interaction between their parents and it is difficult to imagine how it is in the interests of the children for there to be face to face contact between the parents.

42. Absent any other proposal from the father for changeover which does not involve the parents’ meeting, orders will be made as the mother proposes.

    THURSDAY AFTERNOON

43. The current orders provide for the children to spend time with the father on Thursdays, from Term 4 of 2021, from after school until 7pm.

44. The mother’s evidence is that W has dance lessons on Thursday afternoon from

    
    

    3.30pm until 6.30pm and a drama lesson from 8.00pm until 9.00pm. The boys play chess from 3.30pm until 4.30pm. A tutor attends the home on Thursday evening to assist the children with homework.

45. No other week day afternoon is suitable. The present regime of the children involves them in activities every afternoon.

46. A further complication arises from the fact that the father, if the children are to spend overnight time with him, will have to find suitable accommodation and it is not known where he will be living.

47. The father, in the past, has not been involved in the children’s activities and the diversity of their activities suggests that it would be difficult if not impossible for him to manage four children with activities at different venues.

48. Time with the father during the school week is not practicable.

    SOCAL MEDIA

49. No submissions were addressed to this issue on behalf of the mother or the father.

50. I was not directed to any evidence in the mother’s affidavit in relation to images or recordings of the children being published on social media or in relation to the children having access to social media.

51. However, the mother, in her affidavit, deposed:

    On 21 August 2020, my solicitors wrote to [the father’s] solicitors regarding this incident to which my solicitors received a reply indicating that [the father] had compiled photos in order to upload to social media platform ‘TikTok’. It concerns me greatly that [the father] has created an online social media presence for the children as I have not yet allowed the children to have a social media presence due to my concerns for their safety online.

52. It is not appropriate for the children to have a presence on social media unless both parents agree and orders will be made as sought by the mother.

    PHYSICAL DISCIPLINE

53. No submissions were addressed to this issue on behalf of the mother and I was not directed to any evidence that the father has physically disciplined the children.

54. No orders will be made about physical discipline.

I certify that the preceding eighty-three (83) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees.

Associate:

Dated:       30 July 2021