Bannister & Kroll

Case [2023] FedCFamC2F 597


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Bannister & Kroll [2023] FedCFamC2F 597

File number(s): PAC 6469 of 2020
Judgment of: JUDGE TURNBULL
Date of judgment: 1 May 2023
Catchwords:  FAMILY LAW – CHILDREN - History of family violence – should there be move for the Father from supervised time to unsupervised time (including overnight time) with children - Should the Father be consulted in relation to major long term decisions
FAMILY LAW - COSTS - Independent Children’s Lawyer’s costs
Legislation: Family Law Act 1975 (Cth) Part VII, ss 60B(2), 60CC, 61DA, 61DAB, 65D, 65DAC, 68B(1)(c), 117(4)(a)
Cases cited:

Australian Securities and Investments Commission v Rich [2009] NSWSC 1229

Blatch v Archer (1774) 98 ER 969

Bondelmonte & Bondelmonte (2017) 259 CLR 662

Boyce & Boyce [2015] FamCAFC 60

Brandon & Brandon (No 2) [2012] FamCA 374

Briginshaw v Briginshaw (1938) 60 CLR 336

Dundas & Blake [2013] FamCAFC 133

Godfrey & Sanders [2007] FamCA 102

Goode & Goode [2006] FamCA 1346

Isles & Nelissen [2022] FedCFamC1A 97

Jones v Dunkel (1959) 101 CLR 298

Koyroyshs & Koyroyshs [2020] FamCA 626

Lavell & Lavell [2012] FamCA 34

Legal Aid ACT & Westwell [2021] FamCAFC 50

M v M (1998) 166 CLR 69

Marvel & Marvel (No 2) [2010] FamCAFC 101

Mazorski & Albright [2007] FamCA 520

McCall & Clark [2009] FamCAFC 92

MRR & GR (2010) 240 CLR 461

Murphy & Murphy [2007] FamCA 785

Napier & Hepburn [2006] FamCA 1316

Robertson & Sento [2009] FamCAFC 49

Shalhoub v Buchanan [2004] NSWSC 99

Stamatou & Stamatou [2022] FedCFamC1F 241

Theodore & Theodore (No. 3) [2021] FamCA 452

Withers & Russell [2016] FamCA 793

Division: Division 2 Family Law
Number of paragraphs: 152
Date of last submission/s: 19 April 2023
Date of hearing: 17, 18, 19 April 2023
Place: Parramatta
Counsel for the Applicant: Mr Mifsud
Solicitors for the Applicant: John Stonham & Co
Counsel for the Respondent: Mr Fermanis
Solicitors for the Respondent: Phillip A Wilkins & Associates
Counsel for the Independent Children’s Lawyer: Mr Maddox
Solicitors for the Independent Children’s Lawyer: John Spence & Associates

ORDERS

PAC 6469 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR BANNISTER

Applicant

AND:

MS KROLL

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

JUDGE TURNBULL

DATE OF ORDER:

1 May 2023

THE COURT ORDERS THAT:

1.Save for the Order appointing the Independent Children’s lawyer, and Orders 4, 5, 6 and 7 of Orders made 19 April 2023, all previous parenting Orders regarding the children X born 2019 and Y born 2020 (“the children”), be discharged.

2.The Mother have sole parental responsibility for the children, and that the Mother advise the Father in writing of any major long-term decision (including significant decisions made about health, religion or education) relating to either or both of the children, within 48 hours of making that decision.

3.The children live with the Mother.

4.Within 7 days (if not already completed) the Father do all things to enrol in a Men’s Behaviour…

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AGLC
Bannister & Kroll [2023] FedCFamC2F 597
Case
[2023] FedCFamC2F 597
Decision Date

CaseChat Overview and Summary

In the matter of Bannister v Kroll, the Federal Circuit and Family Court of Australia (Division 2) considered two primary issues: whether the Father should be consulted regarding major long-term decisions impacting the children, and whether there should be a move from supervised to unsupervised time for the Father with the children. The Court determined that the Mother should have sole parental responsibility and that the Father should be informed of any major long-term decisions but not have a say in them. Regarding the children's time with the Father, the Court found that the children could spend unsupervised time with the Father, conditional upon him completing a Men’s Behaviour Change course, continuing his therapy, and adhering to other specified conditions. The Court balanced the children’s need for a relationship with their father against the unacceptable risk posed by the Father's past behaviour. The Court also dismissed the Independent Children's Lawyer's application for costs against the Mother, finding that it would cause her financial hardship, but ordered the Father to pay half of the Independent Children's Lawyer's costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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