FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Campbell & Fraser [2025] FedCFamC2F 620
File number(s): ADC 534 of 2025 Judgment of: JUDGE MCGINN Date of judgment: 12 May 2025 Catchwords: FAMILY LAW – PARENTING – interim hearing – two children of the relationship and two children of a previous relationship – allegations of sexual abuse concerning siblings not the children of proceedings – investigation by authorities discloses no abuse – allegations of family violence and alienation – application for the delivery up of children – orders for the appointment of Independent Children’s Lawyer – children’s best interests – orders made for children to live with father and time with mother – Child Impact Report – early callover for trial Legislation: Family Law Act 1975 (Cth)
Federal Circuit and family Court of Australia (Family Law) Rules 2021(Cth)
Cases cited: Baghti & Baghti and Ors [2015] FamCAFC 71
Campbell & Bingham [2010] FMCAFam 52
Chin & Bao [2025] FedCFAmC1A 9
Eaby & Speelman (2015) FLC 93-654
Franklyn & Franklyn [2019] FamCAFC 256
Lainhart & Ellinson [2023] FLC 94-166
Marvel v Marvel [2010] FamCAFC 101; (2010) 43 Fam LR 348
Pickford & Pickford [2024] FedCFamC1A 249
Division: Division 2 Family Law Number of paragraphs: 63 Date of last submission/s: 12 May 2025 Date of hearing: 12 May 2025 Place: Mount Gambier Solicitor for the Applicant: Ms Robinson The Respondent: Appeared on his own behalf ORDERS
ADC 534 of 2025 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CAMPBELL
Applicant
AND: MR FRASER
Respondent
ORDER MADE BY:
JUDGE MCGINN
DATE OF ORDER:
12 MAY 2025
THE COURT ORDERS THAT:
1.Material from South Australia Police produced to the Court on 18 March 2025 pursuant to orders of 11 and 26 February 2025 will be entered into evidence as Exhibit 1.
2.Until further or other order:
(a)the parties have joint decision-making in relation to all long-term issues concerning the children X, born in 2021 and Y, born in 2023;
(b)the children live with the father;
(c)the children spend time with the mother:
(i)In each week that both of her daughters B and C are in their father’s care, on each second day for a period of two hours from 10 am to 12noon (unless otherwise agreed) and upon condition:
A.that the said children B and C are not present during the first three weeks of such time (that is approximately 6 weeks from the date of this order); and
B.that the first period of such time pursuant to this order 2(c) occur in the week following the mother spending two periods of time with the said children at D Children’s Contact Service as set out in order (ii);
C.that subject to order (d), the mother is accompanied at such times by either her mother or father for the first such three occasions;
D.that the mother not consume alcohol or any illicit substances during any period that the said children are spending time with her; and
E.that the handover take…
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CaseChat Overview and Summary
The court considered the parents' allegations and counter-allegations, along with the findings of the South Australia Police investigation, which revealed no evidence of sexual abuse. The court acknowledged the serious nature of the allegations but focused on the children's welfare and best interests. It noted the importance of stability and the potential harm of prolonged uncertainty. The court ordered that the children live with the father but spend supervised time with the mother, with specific conditions to ensure their safety and well-being. These conditions included supervised visits at a contact centre, restrictions on alcohol and substance use, and requirements for the mother to adhere to her medication regime. Both parents were also required to undergo drug testing and refrain from discussing the proceedings with the children or exposing them to violence.
In addition to the parenting orders, the court appointed an Independent Children’s Lawyer to represent the children’s interests, mandated a Child Impact Report, and scheduled family dispute resolution and a callover for trial. The court also set deadlines for further interim applications and specified the format for the callover documents. The matter was adjourned for further consideration, including the making of trial directions, on 18 August 2025.
Orders
Orders of the court
ADC 534 of 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS CAMPBELL
Applicant
AND:
MR FRASER
Respondent
ORDER MADE BY:
JUDGE MCGINN
DATE OF ORDER:
12 MAY 2025
THE COURT ORDERS THAT:
1. Material from South Australia Police produced to the Court on 18 March 2025 pursuant to orders of 11 and 26 February 2025 will be entered into evidence as Exhibit 1.
2. Until further or other order:
(a) the parties have joint decision-making in relation to all long-term issues concerning the children X, born in 2021 and Y, born in 2023;
(b) the children live with the father;
(c) the children spend time with the mother:
(i) In each week that both of her daughters B and C are in their father’s care, on each second day for a period of two hours from 10 am to 12noon (unless otherwise agreed) and upon condition:
A. that the said children B and C are not present during the first three weeks of such time (that is approximately 6 weeks from the date of this order); and
B. that the first period of such time pursuant to this order 2(c) occur in the week following the mother spending two periods of time with the said children at D Children’s Contact Service as set out in order (ii);
C. that subject to order (d), the mother is accompanied at such times by either her mother or father for the first such three occasions;
D. that the mother not consume alcohol or any illicit substances during any period that the said children are spending time with her; and
E. that the handover take place outside the City E Police Station.
(ii) in addition to that time referred to in paragraph (i) the mother do spend time with the said children at D Children’s Contact Service at City E in either those weeks when her children B and C are not in her care or are in her care:
A. at such times and under such conditions as the manager of such Service provides for a period not exceeding 2 hours each week for a total of 6 visits;
B. with the mother at liberty after the first two visits to have her children B and C attend (subject to the said manager’s direction and conditions); and
(iii) at such further or other times as the parties agree in writing.
(d) That the mother shall cause to be filed an affidavit from her mother or father which confirms that each of them:
(i) has read and understood the Legal Services Commission brochure “Shall I Supervised Contact?”;
(ii) indicates to this Court that they understand the obligations of supervision;
(iii) is willing, able, available (including the terms and times of such availability) to provide supervision to the mother to facilitate the children’s time spending with the mother;
(iv) has provided their residential address, date of birth and contact information to the Independent Children’s Lawyer and has spoken with the Independent Children’s Lawyer about this matter; and
(v) has read and understood these orders.
(e) that at the conclusion of 6 visits at D Children’s Contact Service (or at the earlier time the manager of D Children’s Contact Service ceases such visits) or 10 July 2025 (whichever first occurs), the mother obtain a report from D Children’s Contact Service and file and serve an affidavit annexing that report;
(f) that each of the parties are restrained and an injunction is granted restraining each of them from consuming any illicit substance 12 hours prior to or during any time that the children are in their care:
(g) that it be a condition of the mother spending time with the said children that the mother adhere to all regimes for taking of medication prescribed by any of her treating health professionals;
(h) within 7 days, the mother and father each undergo drug testing pursuant to the hair follicle analysis process for the purpose of detecting any illegal drugs and/or substances (including alcohol) and for the purpose of such testing the provision of the sample is to be personally supervised and observed by a qualified medical practitioner or an authorised delegate in accordance with the chain of custody protocol specified in AS/NZ 4308:2001 with each of the parties to file and serve an Affidavit annexing the results of such testing forthwith upon receipt of same and prior to the adjourned date for hearing with each party to bear their own costs of such testing;
(i) that the father do all things and execute all documents necessary to authorise any health professional or child care centre upon which the children or either of them have attended since 1 July 2024 be provided to the mother at her expense all and any information as to the attendance and welfare of the said children or any of them upon or at that health professional or child care centre and to provide to the mother at her expense such information and communications and records as would be provided to parents in the normal course of business; and
(j) that all handovers that do not occur at the contact centre occur outside the City E Police station.
3. That each of the parties register to use the AppClose parenting application within seven (7) days
4. That until further or other order:
(a) each party forthwith advise the other by telephone call in the event of any illness or accident suffered by the said children requiring hospitalisation or other medical treatment and permit the other parent to attend at any hospital or other facility to which the children or either of them has been admitted or treated in accordance with the facility's normal policy.
(b) the parties communicate with each other only using AppClose about all matters relating to the welfare, education and development of the children or either of them;
(c) the parties and each of them be restrained and injunctions be granted restraining each of them from:
(i) criticising or denigrating the other party or the other party's family in the presence of or within hearing of the children, or allowing any other person to do so;
(ii) discussing these proceedings in the presence of or within hearing of the children, or allowing any other person to do so;
(iii) exposing the children to any form of violence including but not limited to videogames, movies, television or allowing any other person to do so; and
(iv) publishing anything about the other party or these proceedings on social media.
Appointment of Independent Children’s Lawyer
5. Pursuant to s 68L(2) of the Family Law Act 1975, the Children be independently represented AND IT IS REQUESTED that Legal Services Commission of South Australia arrange such independent representation and:
(a) forthwith upon appointment by the Commission or otherwise, the Independent Children’s Lawyer file a notice of address for service;
(b) within 48 hours of notification of such appointment the solicitors for the respective parents (or, if unrepresented, then the parent themselves) provide to the Independent Children’s Lawyer copies of all applications and affidavits upon which that party relies together with any existing orders and copies of any relevant reports;
(c) the Independent Children’s Lawyer fulfil the requirements set out in ‘Guidelines for the Independent Children’s Lawyer’ as published on the website of the Federal Circuit and Family Court of Australia, and in particular carry out the tasks set out in clauses 5, 6.2, 6.3, 6.5 and 6.7; and
(d) the Independent Children’s Lawyer prepare a minute of the orders they will recommend be made as final orders.
6. Leave is granted to the Independent Children's Lawyer to inspect and copy:
(a) subpoena material produced under subpoena to the date of this Order to this Honourable Court;
(b) material produced by or behalf of any Minister of any government department or police force of any State or the Commonwealth in response to the notification made under s 67ZBD; and
(c) documents produced by or behalf of any Minister of any government department or police force of any State or the Commonwealth in response to the order to provide documents or information pursuant to s 67ZBE Order.
7. The said Commission is granted access to the documents filed in this matter via the Commonwealth Courts Portal (“CCP”) and is granted leave to view copies of documents available on that portal.
8. The parties forthwith provide to the Independent Children’s Lawyer the names and addresses of any medical practitioners, counsellors or other professional people or agencies they have attended within the last twelve (12) months together with the names and addresses of all medical practitioners, schools, day care centres and/or agencies whom the child or children may have seen or attended in the last twelve (12) months and provide to the Independent Children’s Lawyer authorities for the release of information concerning themselves and the children from any such person or agency as the Independent Children’s Lawyer shall request from time to time.
9. The Independent Children’s Lawyer use his or her or their best endeavours to be in a position to make submissions to the Court on the adjourned date or upon hearing thereof.
10. That each party do enrol and complete the following parenting courses if they have not already do so:
(a) Circle of Security; and
(b) Kids are First.
11. That each party do file and serve an affidavit of enrolment in and completion of each course.
Child Impact Report 62G
12. Pursuant to section 62G of the Family Law Act 1975 (Cth), the parties and X, born in 2021 and Y, born in 2023 are directed to attend with a Court Child Expert (practising under their appointment as a family consultant) nominated by the Court Children’s Service (the Court Child Expert) for the purposes of the preparation of a Child Impact Report at the dates and times below, or as otherwise directed by the Court Child Expert.
13. Part 1 of the event will occur by video, using Microsoft Teams, on 10 July 2025 with:
(a) the Applicant to attend at 9.00am; and
(b) the Respondent to attend at 10.30am
14. Microsoft Teams links will be provided to the parties by the Court Child Expert prior to the event.
15. Part 2 of the event will occur in person at the Adelaide Registry at 3 Angas Street, Adelaide SA 5000 or such other location as the Court Child Expert shall nominate on the morning of 11 July 2025. Specific details regarding the attendance of the parties and the children on this date will be provided to the parties in Part 1 of the event.
16. Each party will do all things necessary to ensure the children attend upon the Court Child Expert pursuant to Section 62G(3A), unless otherwise determined by the Court Child Expert that Section 62G(3B) applies.
17. The parties and the children shall continue to attend at such times, dates and places as the Court Child Expert may advise.
18. Not later than 4.00 pm on 19 May 2025 the parties must provide their contact telephone numbers and email addresses to …@....
19. Pursuant to these orders, the Court Child Expert shall provide a written report to the Court and the report shall deal with the following matters:
(a) any agreement reached between the parties;
(b) identification of key issues requiring resolution;
(c) any views expressed by the children and any matters (such as the children’s maturity or level of understanding) that would affect the weight that the court should place on those views;
(d) the impact of the issues/dispute before the Court on the children;
(e) the extent and nature of the children’s attachment to each parent as at 24 July 2024 and presently; and/or
(f) any other matters that the Court Child Expert considers important to the welfare or best interests of the children.
20. Upon completion, the Child Impact Report shall be provided to the Court for release to the parties, including by way of order made in Chambers.
21. The Court Child Expert will be at liberty to inspect any material filed by the parties and the following:
(a) any material that has been both:
(i) produced to the Court pursuant to any order made pursuant to s 67ZBE and is not marked confidential; and
(ii) that has by order been made available to the parties and/or their legal representatives for inspection and/or copying and is not marked confidential; and
(b) any judgments, orders, reports or other material produced by the Court in the matter.
Family Dispute Resolution Attendance
22. That pursuant to Rule 4.05 of the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 the parties and their legal representatives attend a Family Dispute Resolution at a date to be advised by the Independent Children’s Lawyer.
Further interim Applications
23. That the mother do file and serve any further Application in a Proceeding for interim parenting orders on or before 4pm 17 July 2025.
24. That the respondent father do file and serve any Response to the said Application in a Proceeding on or before 24 July 2025.
25. That any Application or Response filed pursuant to orders 23 and 24 be made returnable before Judge McGinn at a date to be fixed.
26. That otherwise all interim proceedings stand dismissed.
Callover order
27. That on or before 4pm on 11 August 2025 each of the parties and the Independent Children’s Lawyer (if any) shall file and serve on each other party and the Independent Children’s Lawyer (if any) a callover document comprising in the following order and under the following headings:
(a) where a party is legally represented, a statement of the party’s case not exceeding 150 words;
(b) a chronology of events by date, time and place and happening that are agreed to have occurred for the purpose of these proceedings;
(c) a chronology of events by date, time and place and happening and the party asserting them to have occurred that are disputed for the purpose of these proceedings;
(d) a list of any orders agreed by the parties;
(e) a minute of the specific orders to be sought at trial;
(f) a list of any further subpoena which a party wishes to issue, identifying the name of the person to be subpoenaed, type of subpoena and if leave to issue the subpoena is to be sought;
(g) list of witnesses to be relied upon at trial;
(h) the proposed length of cross-examination for each of the other parties and Independent Children’s Lawyer’s witnesses and any Family Assessment Report writer (expressed for each individual witness and not as a total);
(i) estimated length of trial;
(j) costs notice complying with Rule 12.06;
(k) whether any order is to be sought pursuant to s 102NA and particulars justifying such an order or how quickly an application for such an order is to be filed; and
(l) confirming:
(i) an undertaking as to disclosure pursuant to Rule 6.02 has been filed on behalf of the party;
(ii) a Certificate of Readiness pursuant to clause 5.53 of the Central Practice Directions has been filed on behalf of a party;
(iii) that family dispute resolution procedures have been undertaken; and
(iv) advising whether a Family Assessment Report is required.
Next hearing
28. That this matter otherwise stands adjourned to 18 August 2025 at 9:30am for further consideration including the making of trial directions.
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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