FAMILY COURT OF AUSTRALIA
| BETROS & BETROS | [2016] FamCA 225 |
| FAMILY LAW – CHILDREN – Previous final parenting orders – Significant change in the children’s circumstances – With whom a child lives – With whom a child spends time – Parental responsibility – Best interests of the children – Where not satisfied that the mother has neglected the children’s medical needs as alleged by the father – Where no findings of an unacceptable risk of physical abuse by the mother – Where the father has perpetrated family violence – Where the children are psychologically harmed from being subjected to abuse by the father – Benefit of a meaningful relationship with each parent – Need to protect the children from harm – Nature of the children’s relationships – Effect of a change in circumstances – Parental capacity – Whether it would be preferable to make orders least likely to lead to further proceedings and review of supervision requirement – Mother to hold sole parental responsibility for the children. |
| Evidence Act 1995 (Cth) s 140 |
| G & C [2006] FamCA 994 |
| APPLICANT: | Mr Betros |
| RESPONDENT: | Ms Betros |
| INDEPENDENT CHILDREN’S LAWYER: | Mr Naidovski |
| FILE NUMBER: | PAC | 3685 | of | 2011 |
| DATE DELIVERED: | 6 April 2016 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 25, 26, 27, 28 August and 2 October 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Conte-Mills |
| SOLICITOR FOR THE APPLICANT: | Phillip A Wilkins & Associates |
| COUNSEL FOR THE RESPONDENT: | Ms Snelling |
| SOLICITOR FOR THE RESPONDENT: | Women’s Legal Services NSW |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Shearman |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW |
Orders
All previous orders with respect to B born … 2005, C born … 2006 and D born … 2008 (“the children”) are hereby discharged.
The mother shall have sole parental responsibility for the children.
The children shall live with their mother.
The children shall spend supervised time with their father every second month at the E Contact Service (“the service”) with such days and times as scheduled by the service and for this purpose:
(a) Within 14 days of the date of these Orders each parent shall do all acts and things and sign all documents necessary to make application for supervised time with the service, or such other supervised contact service as may be recommended to them by the Independent Children’s Lawyer.
(b) The father shall be solely…
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- Case
- [2016] FamCA 225
- Decision Date
CaseChat Overview and Summary
The court considered the allegations of neglect and the risk of physical abuse, finding no evidence to support these claims against the mother. Crucially, the court found that the father had perpetrated family violence and that the children had suffered psychological harm as a result of his abuse. The court applied the principles that the best interests of the children are paramount, requiring protection from harm and the benefit of a meaningful relationship with each parent, while also considering the nature of the children's relationships and the effect of any change in circumstances. The court also assessed the parental capacity of each parent and the desirability of making orders least likely to lead to further proceedings.
Ultimately, the court discharged all previous orders. The mother was granted sole parental responsibility, and the children were ordered to live with her. The father was granted supervised time with the children every second month at a contact service, with the father bearing the costs. The father was also permitted to communicate with the children via letters and gifts on specific occasions, provided the letters did not denigrate the mother or her family. The mother was ordered to continue consulting with a therapist and to facilitate the children's participation in the ANCHOR Program. The father was restrained from discussing certain matters with the children and from approaching them outside of the ordered supervised time. The father may apply to lift the supervision requirement upon undertaking significant therapy and demonstrating insight into his behaviour and its impact on the children.
Orders
Orders of the court
1.
All previous orders with respect to B born … 2005, C born … 2006 and D born … 2008 (“the children”) are hereby discharged.
2.
The mother shall have sole parental responsibility for the children.
3.
The children shall live with their mother.
4.
The children shall spend supervised time with their father every second month at the E Contact Service (“the service”) with such days and times as scheduled by the service and for this purpose:
(a) Within 14 days of the date of these Orders each parent shall do all acts and things and sign all documents necessary to make application for supervised time with the service, or such other supervised contact service as may be recommended to them by the Independent Children’s Lawyer.
(b) The father shall be solely responsible for the cost of the children’s supervised time with him.
(c) The parents shall follow the directions and instructions of the service.
5.
The father may communicate with the children by forwarding to them letters and gifts on three occasions per year as follows:
(a) On each of the children’s birthdays each year;
(b) At religious feast day; and
(c) At religious holy day.
6.
For the purpose of Order 5 the mother shall do all acts and things to ensure that the children receive such letters and gifts from their father, provided that the letters contain no denigration of the mother or other member of her family.
7.
The mother shall do all acts and things necessary to continue to consult with Dr F and to facilitate this order the mother shall:
(a) Attend at such frequency and for such duration as directed by Dr F;
(b) Do all acts and things necessary to encourage and arrange for her partner Mr G to attend appointments with Dr F at such frequency and for such duration as directed by Dr F;
(c) Make the children and each of them available for consultations with Dr F;
(d) Be responsible for the costs of the therapy.
8.
The mother shall do all acts and things necessary to arrange for the children to participate in the ANCHOR Program and to facilitate this Order the mother shall:
(a) Within fourteen (14) days of the date of these Orders contact the Anchor Program to arrange an initial consultation;
(b) Attend upon appointments as advised by the ANCHOR program;
(c) Ensure the children’s attendance at appointments as required by the ANCHOR Program;
(d) Follow the reasonable directions of ANCHOR Program staff.
9.
The mother is granted leave to provide to the children’s therapist and any other service that the children are engaged in with a copy of the Family Report dated 23 December 2014 and Addendum to the Family Report dated 29 September 2015.
10.
The father is restrained from:
(a) Discussing with the children, or in their presence, any issues regarding the mother;
(b) Discussing with the children, or in their presence, any matters involving these Court proceedings;
(c) Discussing with the children, or in their presence, the children’s wishes in relation to whom they wish to live.
11.
The father is restrained from approaching the children, including at their school, other than in accordance with these Orders.
12.
The mother shall forthwith give written authorities to the children’s schools authorising the children’s schools to provide the father copies of school reports, school notices and school photographs.
13.
The father is at liberty to make a fresh application to consider the lifting of the supervision requirement of his time with the children upon:
(a) Undertaking regular and consistent therapy with a child and family therapist for a period of no less than 24 months;
(b) Obtaining a report from his treating child and family therapist as to his progress in:
(i) Gaining insight into his coercive behaviour;
(ii) Gaining insight into the effects on the children of:
A. Emotional manipulation;
B. Intrusive parenting; and
C. Emotional abuse.
(iii) Acceptance of the children’s living arrangements in the care of the mother and her partner.
14.
The father is granted leave to provide to his therapist and any other service he engages in with a copy of the Family Report dated 23 December 2014 and Addendum to the Family Report dated 29 September 2015.
15.
All outstanding applications and cross-applications are dismissed.
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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