BALCOMBE & GAFFEY

[2019] FCCA 3652

FEDERAL CIRCUIT COURT OF AUSTRALIA

BALCOMBE & GAFFEY [2019] FCCA 3652

Catchwords:
FAMILY LAW – Proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999 (Cth), s.39
Federal Circuit Court Rules2001 r. 8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Re W: Publication Application (1997) 137 FLR 205

Applicant: MS BALCOMBE

Respondent: MR GAFFEY

File Number: SYC 648 of 2017

Judgment of: Judge Newbrun

Hearing date: 22 November 2019

Date of Last Submission: 22 November 2019

Delivered at: Parramatta

Delivered on: 13 December 2019

REPRESENTATION

Solicitors for the Applicant: Mr Bowring

Counsel for the Respondent: Ms Fletcher

Solicitors for the Independent Children's Lawyer: Ms Hayward

ORDERS

1. The proceedings are forthwith transferred to the Family Court of Australia at Parramatta.

2. The proceedings are listed for mention 22 January 2020 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

SYC 648 of 2017

MS BALCOMBE

Applicant

And

MR GAFFEY

Respondent

REASONS FOR JUDGMENT

1. On 22 November 2019 the mother made an application to transfer these parenting proceedings to the Family Court of Australia at Parramatta, and the Court reserved its decision. The ICL did not oppose the application however the father did oppose it.

2. The subject child is X born … 2004. She was diagnosed with autism in 2017.  The mother told the Family Report writer that the child has also been diagnosed with ADHD.  There is a suggestion in the Family Report that the child’s GP has reported that the child has symptoms of ODD.

3. The child is reported to have attended upon a psychologist in primary school.

4. The father is aged 55 years.  The mother is aged 55 years.  The parties commenced their relationship in 1995 with final separation being in about 2004.  Thereafter the child lived with the mother and spent increasing time with the father, with her spending up to 5 nights per fortnight with him.

5. In May 2017, the child stopped spending significant time with the father.

6. Interim consent orders dated 13 November 2018 provided for the parents to approach Dr A for recommendations of a family therapist, and for the parents and/or the child to participate in family therapy, if appropriate.  Family therapy has not proceeded.

7. In the view of the Court, these parenting proceedings are of such complexity that they should be transferred to the Family Court of Australia.  The Court also observes that, on the mother’s estimate, these proceedings will span at least 4 days, with the parties giving oral evidence, as well as the Family Report writer, and five witnesses, four of whom are likely to be health professionals (at least a paediatrician, the GP, and the child’s clinical psychologist). 

8. The Court refers to the Family Report dated 10 July 2019 which confirms the complex nature of these parenting proceedings.

9. The Court observes that the Family…