Barbosa & Furtado

Case [2023] FedCFamC2F 32


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Barbosa & Furtado [2023] FedCFamC2F 32

File number(s): SYC 5028 of 2017
Judgment of: JUDGE MORLEY
Date of judgment: 19 January 2023 
Catchwords: 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.
Legislation:

Evidence Act 1995 (Cth) ss 140, 144

Family Law Act 1975 (Cth) ss 4, 4AB, 60B, 60CA, 60CC, 61B, 61DA, 65D, 65DA, 65DAA, 65DAB, 68B, 68C

Crimes (Sentencing Procedure) Act 1999 (NSW) s 10.

Cases cited:

A & A & The Child Representative [1998] FamCA 25

Betros & Betros [2017] FamCAFC 90

Briginshaw v Briginshaw (1938) 60 CLR 336

Godfrey & Sanders (2007) 208 FLR 287

Gorman & Huffman and Anor [2016] FamCAFC 174

Grella & Jamieson [2017] FamCAFC 21

Harridge and Anor & Harridge and Anor [2010] FamCA 445

In the Marriage of B (1993) 112 FLR 45

Isles & Nelissen [2022] FedCFamC1A 97

Johnson & Page [2007] FamCA 1235

KB & TC [2005] FamCA 458

Keane & Keane [2020] FamCA 99

Lansa & Clovelley [2010] FamCA 80

M & M (1988) 166 CLR 69

M v S [2006] FamCA 1408

Mazorski & Albright [2007] FamCA 520

McCall & Clark[2009] FamCAFC 92

McGregor & McGregor [2012] FamCAFC 69

Moose & Moose [2008] FamCAFC 108

Napier & Hepburn [2006] FamCA 1316

Re Andrew [1996] FamCA 43

Sampson and Sampson [1977] FamCA 42

Slater v Light [2013] FamCAFC 4

Tait & Densmore [2007] FamCA 1383

W & W (Abuse Allegations: Unacceptable Risk) [2005] FamCA 892

Division: Division 2 Family Law
Number of paragraphs: 329
Date of last submission/s: 25 June 2021
Date of hearing: 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…

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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.

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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