FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Carr & Lewis [2025] FedCFamC2F 615
File number(s): CRC 271 of 2023 Judgment of: JUDGE O'SHANNESSY Date of judgment: 20 March 2025 Catchwords: FAMILY LAW – Final hearing – where the matter was set for two days – where the mother became unrepresented in January 2025 – where the eldest child is not the biological child of the respondent – where service was dispensed with on the eldest child’s biological father – where there is a history of significant drug and alcohol use – where the court is satisfied the respondent has ceased illicit substance use – where there is concerns for the mothers mental health – where the mother did not attend court – where the mother was called in the courtroom by the Independent Children’s Lawyer and was aware of proceedings – where the matter proceeded in the absence of the mother notwithstanding she was telephoned in court – where the children began to live with the father in October 2022 – where final orders were made – children live with the father – father have sole decision making responsibility – where the children spend time with their mother in accordance with their wishes. Cases cited: Enns & Enns [2025] FedCFamC1A 21
Lainhart & Ellinson [2023] FedCFamC1A 200
Division: Division 2 Family Law Number of paragraphs: 42 Date of hearing: 20 March 2025 Place: Coffs Harbour Applicant: No appearance Counsel for the Respondent: Ms Decle Solicitor for the Respondent: Coffs Law Co Counsel for the Independent Children’s Lawyer: Mr Willoughby Solicitor for the Independent Children’s Lawyer: Burridge Harris & Flynn Solicitors ORDERS
CRC 271 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CARR
Applicant
AND: MR LEWIS
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
20 MARCH 2025
THE COURT ORDERS THAT:
1.That service on Mr C be dispensed with.
2.For the purpose of these orders Ms Carr is referred to as ‘the Mother’, Mr Lewis is referred to as ‘the Father’ and they are collectively referred to as ‘the parents’.
3.In so far as these orders refer to an obligation to do anything in writing, for the purpose of these orders the term ‘in writing’ means by email and to advise the other party by text message that an email has been sent.
Parenting Orders
4.The Father will have sole decision making responsibility for long term decisions for X (“X”) born in 2007 and Y (“Y”) born in 2009 and Z (“Z”) born in 2010 jointly referred to as ‘the children’ and have the sole decision making authority in respect of all major long-term issues (as defined in the Family Law Act 1975 (Cth)) affecting the children.
5.That the children live with the Father.
6.That the children spend time with the Mother as agreed in writing between the parents.
7.The Father will contact the Mother by email to facilitate any reasonable request made by any of the children to spend time with…
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- AGLC
- Carr & Lewis [2025] FedCFamC2F 615
- Case
- [2025] FedCFamC2F 615
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide included the allocation of decision-making responsibilities and the living arrangements for the children. The court also had to determine the conditions under which the mother could spend time with the children, given her history of drug and alcohol use. The court considered the impact of the mother’s absence and unrepresented status on the proceedings and the children's best interests. The court needed to address whether the mother's drug and alcohol use constituted a risk to the children and whether there were measures that could be put in place to mitigate these risks. Additionally, the court had to consider the mother’s mental health and its implications for the children.
The court found that the father should have sole decision-making responsibility for long-term decisions affecting the children, and he would have sole decision-making authority in respect of all major long-term issues. The children would live with the father, and they would spend time with the mother as agreed in writing between the parents. The father was required to contact the mother by email to facilitate any reasonable requests made by the children to spend time with her. The court imposed strict conditions for unsupervised time between the mother and the children, including negative results for illicit drugs and low alcohol consumption. The court also restrained the mother from consuming alcohol and illicit drugs within certain periods before and during her time with the children and from speaking negatively of the father and his family in the presence of the children. The parties were to communicate by email only, with specific requirements for respectful communication and timely acknowledgment of messages.
The court issued orders that the father would have sole decision-making responsibility for the children and they would live with him. The children would spend time with the mother under agreed conditions, with supervised visits unless specific drug and alcohol testing conditions were met. The mother was restricted from consuming alcohol and illicit drugs before and during time with the children and from speaking negatively about the father and his family. The parties were required to communicate via email, with specific protocols for respectful and timely communication. The court also permitted the children to travel internationally and to be issued Australian passports without the mother’s consent.
Orders
Orders of the court
CRC 271 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS CARR
Applicant
AND:
MR LEWIS
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
20 MARCH 2025
THE COURT ORDERS THAT:
1. That service on Mr C be dispensed with.
2. For the purpose of these orders Ms Carr is referred to as ‘the Mother’, Mr Lewis is referred to as ‘the Father’ and they are collectively referred to as ‘the parents’.
3. In so far as these orders refer to an obligation to do anything in writing, for the purpose of these orders the term ‘in writing’ means by email and to advise the other party by text message that an email has been sent.
Parenting Orders
4. The Father will have sole decision making responsibility for long term decisions for X (“X”) born in 2007 and Y (“Y”) born in 2009 and Z (“Z”) born in 2010 jointly referred to as ‘the children’ and have the sole decision making authority in respect of all major long-term issues (as defined in the Family Law Act 1975 (Cth)) affecting the children.
5. That the children live with the Father.
6. That the children spend time with the Mother as agreed in writing between the parents.
7. The Father will contact the Mother by email to facilitate any reasonable request made by any of the children to spend time with the Mother at a time, date and venue as can be agreed between the parties in writing.
8. That, unless otherwise agreed in writing, all time between the Mother and the children in orders 3 and 4 be supervised by the person or service nominated by the Father unless:
(a) The Mother provides to the Father the results of a five panel hair follicle test covering a continuous period of at least 3 months which is negative for illicit or non-prescribed drugs; and
(b) The Mother provides to the Father the results of a hair follicle test covering a continuous period of at least 3 months which indicate low alcohol consumption or less; and
(c) For the purpose of orders 8.1 and 8.2:
(i) the tests must be undertaken by a laboratory accredited to current Australian standards;
(ii) the Mother must provide a sample of at least 3cm of undyed, unbleached head or body hair;
(iii) the Mother must bear the costs of the testing; and
(iv) the results must record the sample as collected no more than 28 days prior to the commencement of time between the Mother and the children.
9. Changeover will occur as agreed between the parties in writing but failing agreement if a school day at school if not a school day at the Father’s residence.
10. That during all time and communication between the Mother and the children provided in these orders the Mother is restrained from:
(a) Consuming alcohol to a point in which she could not lawfully operate a motor vehicle in the state of New South Wales for the period of 12 hours prior to any of the children spending time with her, or whilst spending time with her;
(b) consuming illicit drugs, or prescription drugs not specifically prescribed for her, for the period of 24 hours prior to spending time with the children and whilst spending time with the children; and
(c) speaking negatively of the Father, his partner or other family members to the children, in the presence of any of the children or in earshot of any of the children.
11. That the parties are to communicate about the children only by email and for this purpose:
(a) All communication is to be respectful and polite;
(b) Each party shall acknowledge the communication within 24 hours of the email being received; and
(c) The parties shall keep each other informed of their email address, and should it change advise the other party by email within 24 hours of the change occurring.
12. Each party will keep the other party informed of any serious illness, serious injury or hospitalisation suffered by any of the children in their care by email at the first reasonably practicable opportunity.
13. Pursuant to section 11(1)(b) of the Australian Passport Act 2005, X (“X”) born in 2007 and Y (“Y”) born in 2009 and Z (“Z”) born in 2010 are permitted to travel internationally.
14. That pursuant to sections 7 and 11(1)(b) of the Australian Passports Act 2005, X (“X”) born in 2007 and Y (“Y”) born in 2009 and Z (“Z”) born in 2010 are to be issued with an Australian Passport notwithstanding the fact that the consent of the Applicant Mother for the issue of the passport for X, Y and Z has not been obtained.
AND THE COURT NOTES
A. That on 20 March 2025 the Court determined that Ms B is a good and proper person to be concerned with, or assisting the Father with, the parenting of the children.
B. The Mother did not attend the final hearing on 20 March 2025.
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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