Barker and Barker and Anor

FAMILY COURT OF AUSTRALIA

BARKER & BARKER AND ANOR [2018] FamCA 692

FAMILY LAW – CHILDREN – Best interests of the child – Parental responsibility – Where both the mother and the father have disengaged from the proceedings – Where the mother is a perpetrator of family violence – Where concerns are raised in regards to the drug use of both parents – Where the child has been exposed to possible sexual abuse while in the care of the father – Where it is in the best interests of the child to live with the maternal grandmother – Where it is appropriate for no orders to be made for the child to spend time with either parent – Orders made.  Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61B, 61C, 61DA, 69ZN Donnell & Dovey [2010] FAMCAFC 15 Jarrah & Fadel [2014] FamCAFC 14 G & C [2006] FamCA 994 Mazorski & Albright (2007) Fam LR 518 McCall & Clark (2009) FLC 93-405; 41 Fam LR 483; [2009] FamCAFC 92

APPLICANT:

Ms A Barker

FIRST RESPONDENT: Ms B Barker

SECOND RESPONDENT: Mr Perkins

FILE NUMBER: PAC 2929 of 2017

DATE DELIVERED: 7 September 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 19 July 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Dignan and Hanrahan Solicitors and Attorneys

FIRST RESPONDENT: No appearance by or for the First Respondent

SECOND RESPONDENT: No appearance by or for the Second Respondent

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Maddox of Counsel

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Stanfords Solicitors and Conveyors

Orders

1. The Applicant maternal grandmother have sole parental responsibility for the child X born … 2014 (“the child”).

2. The child live with the Applicant maternal grandmother.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

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 r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC2929 of 2017

Ms A Barker

Applicant

And

Ms B Barker

First Respondent

And

Mr Perkins
Second Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings concern the long term parenting arrangements in respect of four year old X, the child of Ms B Barker (“the mother”) and Mr Perkins (“the father”).

2. Following the parents’ separation on a final basis in March 2016 the mother and the child moved into the maternal grandmother’s home and the child spent regular time with the father under an informal arrangement.

3. The maternal grandmother initiated these proceedings in the Federal Circuit Court (“FCC”) in June 2017. They were…