FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Beckford & Beckford (No 2) [2025] FedCFamC2F 455
File number(s): MLC 2438 of 2023 Judgment of: JUDGE MANSINI Date of judgment: 9 April 2025 Catchwords: FAMILY LAW – PARENTING – 3 children of separated parents and some 8 years of family law proceedings – where the parents seek variations to final parenting orders made in 2021 and consent to reconsideration – where final parenting orders since suspended by operation of interim orders and therefore no longer in force – to the extent that the general prohibition applies, the final parenting orders may be reconsidered by consent pursuant to s.65DAAA(3).
FAMILY LAW – PARENTING – where the remaining issues in dispute relate to youngest child and where she should live, when she should spend time with each parent and which parent should have sole decision making responsibility for her – consideration of s.60CC factors – final parenting orders made.
FAMILY LAW – HARMFUL PROCEEDINGS – litany of litigation and protective interventions – consideration of resultant trauma and harmful impact – reasonable grounds to believe that the children would suffer further harm if either parent instituted further proceedings against the other – parents would suffer financial harm – harmful proceedings orders made against both parents, requiring leave of the Court to institute further proceedings – no suppression of notification.
Legislation: Family Law Act 1975 (Cth) ss. 60CA, 60CC, 60CG, 61B, 61D, 64B, 65DAAA, 67ZW, 95, 102NA, 102QAC, 102QAE, 102QAG.
Family Law Amendment Act 2023 (Cth)
Cases cited: Beckford & Beckford (No 2) [2021] FedCFamC2F 657
Beckford & Beckford (No.2) [2020] FCCA 2775
Beckford & Beckford [2020] FCCA 2639
Beckford & Beckford [2021] FedCFamC2F 181
Beckford & Beckford [2024] FedCFamC1A 57
Beckford & Beckford [2024] FedCFamC2F 633
In the Marriage of Rice and Asplund (1978) 6 Fam LR 570; (1979) FLC 90-725
Radecki & Radecki [2024] FedCFamC1A 246
Division: Division 2 Family Law Number of paragraphs: 212 Date of hearing: 10 - 12 February 2025 Place: Melbourne Counsel for the Applicant: Mr Howe Solicitor for the Applicant: Danielle Webb Lawyer Counsel for the Respondent: Ms Damon Solicitor for the Respondent: Juno Family Law Counsel for the Independent Children's Lawyer: Mr Foo Solicitor for the Independent Children's Lawyer: V M Family Lawyers ORDERS
MLC 2438 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR BECKFORD
Applicant
AND: MS BECKFORD
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MANSINI
DATE OF ORDER:
9 APRIL 2025
THE COURT ORDERS THAT:
1.The final parenting orders of 15 October 2021 may be reconsidered by the Court.
2.All previous orders be discharged.
For Z
3.Z’s mother have sole parental responsibility for Z and must keep Z’s father informed of all decisions she makes in the exercise of parental responsibility no less than once each month, by email to the father’s nominated email address.
4.Z live…
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- Case
- [2025] FedCFamC2F 455
- Decision Date
CaseChat Overview and Summary
The court's task was to determine the appropriate parenting arrangements for Z, considering the best interests of the child under section 60CC of the Family Law Act. It also had to decide whether to impose harmful proceedings orders to prevent further litigation that could harm the children and their parents. The court had to weigh the evidence and arguments from both parties, including the history of the litigation, the impact on the children, and the parents' capacity to engage in further proceedings.
In its reasoning, the court found that the prolonged litigation had indeed caused significant trauma and harm to the children, and that there were reasonable grounds to believe further proceedings would exacerbate this harm. Consequently, the court made harmful proceedings orders against both parents, requiring leave of the court to institute further proceedings. Regarding the parenting arrangements for Z, the court determined that she should live with her mother, with specific time-sharing arrangements and communication protocols with her father. The court also assigned sole parental responsibility for Z to her mother and for Y to her father, while imposing restrictions on parental communications and attendance at the children's schools to minimise exposure to conflict and family violence.
The final orders included detailed arrangements for time-sharing, communication, medical and educational matters, and travel with the children. The court also restrained both parents from changing the children's primary residence outside Victoria and from engaging in certain behaviours that could harm the children. The parents were mandated to pursue family dispute resolution for future disputes and the mother was noted to be willing to participate in family therapy if certain conditions were met.
Orders
Orders of the court
MLC 2438 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR BECKFORD
Applicant
AND:
MS BECKFORD
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MANSINI
DATE OF ORDER:
9 APRIL 2025
THE COURT ORDERS THAT:
1. The final parenting orders of 15 October 2021 may be reconsidered by the Court.
2. All previous orders be discharged.
For Z
3. Z’s mother have sole parental responsibility for Z and must keep Z’s father informed of all decisions she makes in the exercise of parental responsibility no less than once each month, by email to the father’s nominated email address.
4. Z live with her mother.
5. Z spend time with her father:
(a) On each alternate weekend from 3.30pm or the conclusion of school Thursday until 9.00am or the commencement of school Tuesday.
(b) During the school holidays after terms 1, 2 and 3 as agreed between the parents in writing or if there is no written agreement between the parents:
(i) In 2025, with her father for 1 week commencing from 1.00pm on the first Saturday of the school holidays until 1.00pm on the second Saturday;
(ii) In 2026, with her father for 1 week from 1.00pm on the second Saturday of the school holidays until 1.00pm the following Saturday; and
(iii) Alternating in each year thereafter.
(c) During the long summer school holidays after term 4 as agreed between the parents in writing or if there is no written agreement between the parents:
(i) In 2025/2026, with her father for 3 weeks from 1.00pm on the fourth Saturday of the school holidays and concluding on a Saturday at 1.00pm; and
(ii) In 2026/2027, with her father for 3 weeks from 1.00pm on the first Saturday of the school holidays and concluding on a Saturday at 1.00pm; and
(iii) Alternating in each year thereafter.
(d) At other times that are agreed between the parents in writing.
6. Z communicate with her father:
(a) Each week, by telephone or video call on Wednesday between 6.00pm and 6.30pm with Z’s father to instigate the call and her mother to facilitate the call and to ensure that the device to be used is charged;
(b) On the following additional days (if the parent does not have Z in her care on these days): Z’s birthday; each siblings’ birthday; each parent’s birthday; Mother’s day; Father’s day; Good Friday; Easter Sunday; Christmas Eve; Christmas Day; Boxing Day; New Year’s Eve; New Year’s Day;
(c) If Z expresses a view to communicate with either parent whilst in the care of the other, the resident parent encourage and facilitate telephone communication occurring; and
(d) At other times that are agreed between the parents in writing.
For Y
7. Y’s father have sole parental responsibility for Y and must keep Y’s mother informed of all decisions he makes in the exercise of parental responsibility no less than once each month, by email to the mother’s nominated email address.
8. Y live with her father.
9. Y spend time and communicate with her mother in accordance with Y’s wishes.
For Z and Y
Communications between the parents
10. The parents communicate about parenting matters in writing by SMS and/or email and any communication between the parents is to be restricted to children’s matters only.
11. The parents keep each other informed of their contact telephone number and residential address and advise of any change within three (3) days of such change occurring.
Changeovers
12. During the school terms, changeover will occur by drop off at school and collection from school.
13. During the school holidays, changeover shall be effected by the father who shall deliver the child/ren to the mother's home at the commencement of time and collect the child/ren at the conclusion of time and remain in their vehicle during changeover.
Medical
14. Each parent is to advise the other parent by way of telephone or SMS as soon as practicable, in the event that either of the children become seriously ill, require emergency or major medical treatment or are involved in an accident whilst in the care and control of that parent.
15. Each parent is to advise the other parent of any medication the children are taking and ensure that any such medication is provided by the other parent.
16. Each parent is to keep the other informed in relation to the contact details, address and telephone numbers of any medical practitioners that the children attend upon and shall authorise any such medical practitioner to provide information to the other parent regarding the children, at the request of the other parent.
Education
17. The resident parent with sole parental responsibility is to authorise any school at which the children attend to provide to the other parent, in a timely manner, copies of all school reports and notices received from the school (including photograph order forms) together with details of all functions, parent/teacher nights and other extra-curricular activities to which parents are invited, whether they are related to the school or organised by other organisations.
18. The parents may attend all school functions including, but not limited to, parent/teacher appointments, school assemblies, open days and presentations, as well as sporting and other co-curricular and extra-curricular activities in which the children are involved.
19. The parents are to do all acts and sign all documents necessary to ensure that any educational institution at which the children attend is advised of both parents’ contact information.
Travel
20. In the event that either parent wishes to travel overseas or interstate with the children, the travelling parent shall provide to the non-travelling parent the following information:
(a) a minimum of 28 days’ written notice of their intention to travel:
(b) a copy of the return ticket;
(c) a copy of the itinerary;
(d) contact addresses and phone numbers of where the children will be staying and can be contacted on; and
(e) if travel is outside the Commonwealth of Australia, a copy of the children’s travel insurance.
21. If the travelling parent complies with order 20:
(a) the non-travelling parent is to provide their consent to the proposed travel in writing and such consent is not to be unreasonably withheld;
(b) if required, the parents are to sign any passport application and any other necessary documentation in respect of the children to allow the children to travel overseas; and
(c) the non-travelling parent is to provide the travelling parent with the travelling child/ren’s passport/s by no later than 2 weeks prior to the child/ren’s travel departure date.
22. Z’s passport is to remain in the mother’s possession.
23. Y’s passport is to remain in the father's possession.
Restraints
24. The father and his agents be and are hereby restrained by injunction from changing the child/ren’s primary residence outside the State of Victoria.
25. Both parents and their agents be and are hereby restrained by injunction from:
(a) attending at the child/ren’s schools, or permitting their agents to do so, except for:
(i) strictly in accordance with these orders for collection and delivery of the children when they are in or coming into that parent’s care;
(ii) at the request of the school;
(iii) to attend a school function in accordance with order 18 herein; or
(iv) with the prior written consent of the other parent,
(b) criticising, harassing, threatening, abusing or denigrating the other parent or members of the other parent's family or household in the presence or hearing of the child/ren or at the child/ren’s schools, or permitting the child/ren to remain in the presence or hearing of any third party engaging in such behaviour;
(c) discussing these proceedings with or in the presence of the child/ren;
(d) exposing the child/ren to family violence;
(e) exposing the child/ren to conflict between the parents and/or adult matters;
(f) recording the child/ren during any communication or changeover; and
(g) using the child/ren to communicate with the other parent.
Family dispute resolution
26. In the event of any dispute regarding the operation of these orders or the care and welfare of the children, the parents are to pursue and attend family dispute resolution, with a family relationship centre or person authorised under s.10G of the Family Law Act 1975 (Cth) (Act), as a first option to resolve any future disputes.
Intervention order
27. These are orders to which s.68Q of the Act applies and, to the extent that these orders are inconsistent with any intervention order, these orders shall prevail to the extent of the inconsistency.
Harmful proceedings
28. The father be prohibited from instituting parenting proceedings under Act against the mother without such leave of the Court as may be granted under s.102QAG of the Act.
29. The mother be prohibited from instituting parenting proceedings under the Act against the father without such leave of the Court as may be granted under s.102QAG of the Act.
AND THE COURT NOTES THAT:
A. In these orders:
“Z” means the child Z born in 2014.
“Y” means the child Y born in 2010.
“father” means the applicant father MR BECKFORD born in 1979.
“mother” means the respondent mother MS BECKFORD born in 1979.
B. The parents agreed that it be noted on these orders that the mother is willing to participate in family therapy with Ms J if the father is willing and able to:
· meet the cost of such therapy; and
· facilitate X and Y’s attendance.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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