FEDERAL CIRCUIT COURT OF AUSTRALIA
| CANFELD & FALKINS | [2020] FCCA 2570 |
| Catchwords: FAMILY LAW – Interim parenting – whether mother’s time should be supervised by a professional supervisor or by a named individual. |
| Legislation: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA |
| Cases cited: Goode & Goode [2006] FamCA 1346 |
| Applicant: | MR CANFELD |
| Respondent: | MS FALKINS |
| File Number: | WOC 116 of 2019 |
| Judgment of: | Judge Altobelli |
| Hearing date: | 31 August 2020 |
| Date of Last Submission: | 31 August 2020 |
| Delivered at: | Wollongong |
| Delivered on: | 9 September 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Haddock |
| Solicitors for the Applicant: | Soden Legal |
| Counsel for the Respondent: | Mr Hill |
| Solicitors for the Respondent: | Benjamin Solicitor |
| Counsel for the Independent Children's Lawyer: | Ms McConaghy |
| Solicitors for the Independent Children's Lawyer: | Clayhills Escobar Solicitors |
ORDERS
ORDERS PENDING FURTHER ORDER THAT:
The children X (born in 2004), Y (born in 2009) and Z (born in 2012) (‘the children’) live with the Father.
The children shall spend time with the Mother, such time to be supervised by Mr B in alternating fortnightly cycles as follows:
(a)Fortnight one: from 10:00am to 4:00pm on Sunday;
(b)Fortnight two: from 5:00pm Saturday until 12:00pm Sunday.
Order 2 above is subject to Mr B providing an Undertaking to the Court as prepared by the Independent Children’s Lawyer in consultation with the parties’ legal representatives.
For the purposes of facilitating Order 2 above, the Father shall deliver the children to Town C McDonald’s at the commencement of the time and shall pick the children up from Suburb D McDonald’s at the conclusion of the time.
The Mother be restrained from bringing the children into contact with Mr E.
Each party be restrained from denigrating the other in the hearing or presence of the children.
FURTHER ORDERS:
The matter be stood over to the Callover listing on 6 November 2020 at 9:30am (time changed in Chambers).
NOTATION:
(a)The children’s time with the Mother is to commence from 20 September 2020.
IT IS NOTED that publication of this judgment under the pseudonym Canfeld & Falkins is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT WOLLONGONG |
WOC 116 of 2019
| MR CANFELD |
Applicant
And
| MS FALKINS |
Respondent
ORAL REASONS FOR JUDGMENT
These Reasons for Judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.
Introduction
I had originally planned to deliver written Reasons for Judgment in this matter but the more I reviewed the evidence and considered the submissions made to me, the more I came to the conclusion that the critical issue in dispute was relatively narrow in its scope and therefore could be dealt with just as effectively, and certainly more efficiently, by oral Reasons for Judgment that can be later taken out and published in the usual manner so…
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- AGLC
- Canfeld and Falkins [2020] FCCA 2570
- Case
- [2020] FCCA 2570
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific arrangements for the children's time with the mother on an interim basis, including the identity of the supervisor and the practical logistics of these arrangements. Additionally, the court needed to address concerns regarding the mother's contact with a Mr E and the behaviour of both parents in the presence of the children.
Judge Altobelli ordered that the children live with the Father. The mother's time with the children was to be supervised by a Mr B, in alternating fortnightly cycles involving specific days and times. This supervision was contingent on Mr B providing an undertaking to the court. The father was directed to facilitate the handover of the children at designated McDonald's locations. The mother was restrained from bringing the children into contact with Mr E, and both parents were restrained from denigrating each other in the children's presence. The matter was adjourned for further consideration.
Orders
Orders of the court
ORDERS PENDING FURTHER ORDER THAT:
1.
The children X (born in 2004), Y (born in 2009) and Z (born in 2012) (‘the children’) live with the Father.
2.
The children shall spend time with the Mother, such time to be supervised by Mr B in alternating fortnightly cycles as follows:
(a) Fortnight one: from 10:00am to 4:00pm on Sunday;
(b) Fortnight two: from 5:00pm Saturday until 12:00pm Sunday.
3.
Order 2 above is subject to Mr B providing an Undertaking to the Court as prepared by the Independent Children’s Lawyer in consultation with the parties’ legal representatives.
4.
For the purposes of facilitating Order 2 above, the Father shall deliver the children to Town C McDonald’s at the commencement of the time and shall pick the children up from Suburb D McDonald’s at the conclusion of the time.
5.
The Mother be restrained from bringing the children into contact with Mr E.
6.
Each party be restrained from denigrating the other in the hearing or presence of the children.
FURTHER ORDERS:
7.
The matter be stood over to the Callover listing on 6 November 2020 at 9:30am (time changed in Chambers).
NOTATION:
(a) The children’s time with the Mother is to commence from 20 September 2020.
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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