FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Bonhomme & Bonhomme [2024] FedCFamC1F 854
File number: SYC 6833 of 2023 Judgment of: MCGUIRE J Date of judgment: 12 December 2024 Catchwords: FAMILY LAW – REVIEW - Where Mother’s Application for Review seeks to impugn a Senior Judicial Registrar’s orders which provide for the children’s time with the father and that she have sole parental responsibility for long-term decisions in respect of the children’s education and their attendance and involvement in extracurricular activities – Where the mother seeks the Court’s imprimatur as to interim relocation – Where considerations of family violence are prominent - Where the mother seeks to impugn a payment of $100,000 to her by way of a partial property settlement and seeks a payment of $600,000 in substitution – Ordered Application for Review dismissed Legislation: Family Law Act 1975 (Cth) ss 60CC, 61B, 61C, 61CA, 61D, 61DAA and 61DAB
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rule 14.07
Cases cited: Eaby & Speelman (2015) FLC 93-654; [2015] FamCAFC 104
Goode & Goode (2006) FLC 93-286; [2006] FamCA 1346
Harris & Harris (1993) FLC 92-378; [1993] FamCA 49
Morgan & Miles (2007) FLC 93-342; [2007] FamCA 1230
Paskandy & Paskandy (1999) FLC 92-878; [1999] FamCA 1889
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466; [2009] FamCAFC 166
Division: Division 1 First Instance Number of paragraphs: 144 Date of hearing: 26 November 2024 Place: Melbourne: delivered Hobart Counsel for the Applicant: Ms Lawson Solicitor for the Applicant: Reid Family Lawyers Counsel for the Respondent: Mr Williams KC Solicitor for the Respondent: Dorter Family Lawyers and Mediators ORDERS
SYC 6833 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS BONHOMME
Applicant
AND: MR BONHOMME
Respondent
ORDER MADE BY:
MCGUIRE J
DATE OF ORDER:
12 DECEMBER 2024
THE COURT ORDERS THAT:
1.The Application for Review filed by the mother, Ms Bonhomme, on 28 October 2024 be dismissed.
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.
IT IS NOTED that publication of this judgment by this Court under the pseudonym of Bonhomme & Bonhomme has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
McGUIRE J:
APPLICATIONS
This is an application by Ms Bonhomme (“the mother”) for a Review of the orders of Senior Judicial Registrar Turner made 24 October 2024 or, more…
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- Case
- [2024] FedCFamC1F 854
- Decision Date
CaseChat Overview and Summary
The court examined the mother's allegations of family violence, considering their cumulative impact on her as the alleged victim. However, the court emphasized that while family violence allegations must be weighed in the context of the children's best interests, they are not the sole determinant. The court found that the mother's application for review was not well-founded. It dismissed her application for review, finding that the Senior Judicial Registrar's orders were appropriate and that the mother's allegations, while serious, did not warrant a change in the existing arrangements. The court also upheld the $100,000 property settlement payment as fair and reasonable.
The court's decision was based on a comprehensive review of the evidence and the paramount consideration of the children's best interests. The court found that the existing orders provided a stable and suitable environment for the children, taking into account the mother's allegations of family violence and the need for consistency in the children's lives. The court concluded that the mother's application for interim relocation was not supported by the evidence and that the existing property settlement arrangement was fair. Consequently, the court dismissed the mother's application for review and upheld the Senior Judicial Registrar's orders.
Orders
Orders of the court
SYC 6833 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS BONHOMME
Applicant
AND:
MR BONHOMME
Respondent
ORDER MADE BY:
MCGUIRE J
DATE OF ORDER:
12 DECEMBER 2024
THE COURT ORDERS THAT:
1. The Application for Review filed by the mother, Ms Bonhomme, on 28 October 2024 be dismissed.
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
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The author notes at [96] and [97] the agreements reached by the parents as to the children’s schooling. CONSIDERATION-PARENTING The mother’s case here is, in my view, irresistibly a quest to have this Court give its imprimatur to her unilateral relocation of the children from Sydney to the City H area of New South Wales. Despite the equivocacy of the mother’s evidence and her disclosure to the father, it is now apparent that she has relocated with the children. Where the mother’s application seeks an order only in terms of she being granted sole responsibility to enrol the children in schools near City H, any suggestion by her counsel that this matter is not, in all practical terms about unilateral relocation is, in my view, disingenuous. I maintain this view despite the father’s concession earlier in these proceedings to an interim live-with order in favour of the mother. I am comfortably satisfied that this concession was made in a climate of the mother not being completely forthcoming as to her intentions to relocate and further where the father had some comfort by reason of the recent agreement between the parents that the children would be enrolled at schools proximate to the former matrimonial home in Sydney. The mother’s case is grounded almost in its entirety on the allegations of coercive/controlling/emotional family violence perpetrated by the father against her. Significantly, she does not deny the father’s allegations that she perpetrated physical violence on him on three occasions evidenced by her plea of guilty to one allegation and accompanied by an ADVO protecting the father. Her counsel attempted some justification for the mother’s violence by reason of the father’s provocation. I accept generally the submission of counsel for the mother that it would be remiss of this Court to take and consider each of the mother’s allegations singularly and where at least some might seem relatively innocuous. By reason of the nature of coercive and controlling family violence it is proper to consider the mother’s allegations and assertions in their cumulative form and, in particular, as to the impact on the mother being the alleged victim. Nevertheless, in my view, the Court would also fall into error if it was to consider the allegations of the mother, or even findings, of coercive and controlling family violence (or any type of family violence) as determinative of the ultimate consideration being the children’s best interests. Family violence allegations, as with all evidence, must be given weight in respect of contextualising the circumstances of the children’s best interests. In any evidentiary context it is the findings of fact to the requisite standard of on the balance of probabilities that allow the Court to attribute weight to each factual finding and then turn to consider the context and the impact on the children’s interests which remains the paramount, but not sole, consideration. Lest it be misunderstood, any and all findings of fact of family violence are abhorrent. Experience suggests that family violence is a scourge of our community. Family violence is a dominant issue in the majority of cases, both parenting and financial, now coming before these Courts. Judges are certainly alert to the impact of family violence on parent-victims and on their children.