FAMILY LAW – parenting – final parenting orders – finding that family violence occurred perpetrated by Father – Mother a highly anxious person – children spending regular supervised time with Father currently – application for ‘identity contact’ style perpetual supervised time between Father and children – Court does not accept cogent reason for perpetual supervision – sole parental responsibility – Father to complete anger management course before moving to unsupervised time – graduating scheme of time between Father and children.
22-23 October 2020, 17-19 February 2021 and 15-16 June 2021
Place:
Sydney
Counsel for the Applicant:
Dr McConaghy
Solicitor for the Applicant:
David H Cohen & Co
Counsel for the Respondent:
Ms Giacomo
Solicitor for the Respondent:
Kenneth Harrison Solicitor & Attorney
Counsel for the Independent Children's Lawyer:
Mr Jackson
Solicitor for the Independent Children's Lawyer:
Brian Samuel & Associates
ORDERS
SYC 5028 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BARBOSA
Applicant
AND:
MS FURTADO
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE MORLEY
DATE OF ORDER:
19 January 2023
THE COURT ORDERS THAT:
Parental Responsibility
1.The Mother Ms Furtado (‘the Mother’) have sole parental responsibility for the children X born in 2013 and Y born in 2015 (‘the children’).
Live with
2.The children live with the Mother.
Anger Management Course
3.Forthwith, the Father Mr Barbosa (‘the Father’) is to engage in and complete an anger management course through B Counsellors and upon completion of that course…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Barbosa & Furtado [2023] FedCFamC2F 32
Case
[2023] FedCFamC2F 32
Decision Date
CaseChat Overview and Summary
In the Federal Circuit and Family Court of Australia, Division 2, the case of Barbosa & Furtado was heard by Judge Morley. The proceedings concerned final parenting orders between the Applicant Father, Mr Barbosa, and the Respondent Mother, Ms Furtado, following the separation of the parties. The matter was heard over seven days, with a part-heard hearing on 17-19 February 2021 and 15-16 June 2021. The court was required to decide on various legal issues, including parental responsibility, the best interests of the children, and the appropriate arrangements for the children to spend time with the Father. The court found that it was in the best interests of the children to spend time with the Father on a supervised basis until he completes an anger management course. After completion of the course, the court ordered a graduated scheme of unsupervised time between the Father and the children. The court also ordered sole parental responsibility for the Mother, restrained the Father from approaching within 20 meters of the Mother, and made various other orders regarding communication, changeovers, and special days.