Benson and Benson (No.2)

[2014] FCCA 2204

FEDERAL CIRCUIT COURT OF AUSTRALIA

BENSON & BENSON (No.2) [2014] FCCA 2204

Catchwords:
FAMILY LAW – Interim parenting arrangements for child not yet seven years of age – parents have been separated since mid-2010 – child has lived exclusively with mother in Adelaide since separation and has spent no time with father – father lives in Melbourne – mother alleges she and child exposed to family violence prior to separation – father seeks to spend time with child – independent children’s lawyer appointed – ICL has arranged for family report to occur including observed interaction between father and child – independent expert described child as being curious to meet father and observed a positive interaction between father and child – in this context independent expert recommended process of professionally supervised time in Adelaide – this process discontinued due to child’s distress – father asserts that child’s distress orchestrated by mother – mother asserts that child’s reaction is congruent with child’s own experience of his father – what is next step – mother seeks involvement of therapist, nominated by her, for child – father and independent children’s lawyer advocate regime by which father and child can interact with one another independently of mother outside of professionally supervised setting – nature of interim hearing – matters to be considered – best interests.

Legislation:

Family Law Act 1975, ss.4AB(1), (2), (3), 60CA, 60CC, 61DA, 65DAA

Benson & Benson [2012] FMCAfam 335
Benson & Benson [2014] FCCA 1193
Amador & Amador (2009) 43 FamLR 268
B v B: Family Law Reform Act 1995 (1997) FLC 92-755
Russell & Russell & Anor [2009] FamCA 28
Goode & Goode (2006) FLC 93-286
T & N (2003) FLC 93-172
JG & BG (1994) 18 Fam LR 255
A v A (1998) FLC 92-800

Applicant: MR BENSON

Respondent: MS BENSON

File Number: MLC 5232 of 2011

Judgment of: Judge Brown

Hearing date: 8 August 2014

Date of Last Submission: 8 August 2014

Delivered at: Adelaide

Delivered on: 25 September 2014

REPRESENTATION

The Applicant: In person

The Respondent: In person

Counsel for the Independent children’s lawyer Mr Boehm

Independent children’s lawyer Legal Services Commission of South Australia

ORDERS

1. The independent children’s lawyer, within fourteen days of the date of this order, prepare a minute in accordance with the reasons for judgment herein, after consultation with the applicant and Ms A as to the dates the applicant is able to come to Adelaide to spend time with the child X and when Ms A is able to meet with the child both before and after the father spends time with the child as envisaged in these reasons for judgment.

2. The minute referred to in order (1) hereof be filed with the court no later than 10 October 2014.

3. The proceedings be listed for direction on 8 December 2014 at 9:30am.

4. Liberty to the parties to re-list on short written notice.

IT IS NOTED that publication of this judgment under the pseudonym Benson & Benson (No.2) is approved pursuant to…