FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Carter & Shahid (No 2) [2024] FedCFamC1F 874
File number(s): WOC 705 of 2019 Judgment of: ALTOBELLI J Date of judgment: 11 December 2024 Catchwords: FAMILY LAW – PARENTING – Where an oral application for supervised time is made – Where the Court receives information about the father’s mental health – Where the new information received changes the calculous with respect to the child’s safety – Where promoting the safety of the child requires that time be supervised – Where the Court allows the oral application for supervised time.
FAMILY LAW – PROCEDURE – Where the Court receives new information about the father’s mental health during a final hearing – Where an oral application for adjournment is made – Where the final hearing is adjourned to consider the new information provided – Where consent orders are made for disclosure of the father’s mental health records – Where consent orders are made for the filing of updated material.
Cases cited: Melounis & Melounis (No 4) [2024] FedCFamC1F 778 Division: Division 1 First Instance Number of paragraphs: 25 Date of hearing: 11 December 2024 Place: Sydney Counsel for the Applicant: Mr Duc Solicitor for the Applicant: Ark Law Counsel for the Respondent: Mr Mando Solicitor for the Respondent: Gregis Law Counsel for the Independent Children's Lawyer: Mr Sperling Solicitor for the Independent Children's Lawyer: Walkden Law & Mediation ORDERS
WOC 705 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS CARTER
Applicant
AND: MR SHAHID
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
11 DECEMBER 2024
THE COURT ORDERS THAT:
1.The Applicant’s adjournment application is hereby granted, and the proceedings are adjourned to 5 May 2025 at 10:00 am, with a further estimated hearing time of four days.
2.Pursuant to Part 10.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), orders are made by consent in accordance with the document marked “A” dated this day and attached hereto as amended by the Court.
3.Leave is granted to the parties to provide to my Associate executed consent orders regarding the appointment of a single joint expert in relation to the Respondent’s mental health and, if appropriate, orders may be made in chambers.
4.The Respondent’s time with the child be henceforth supervised by an agreed upon supervision agency that prepares written reports.
5.The cost of the supervision pursuant to Order 4 herein is to be solely borne by the Respondent.
6.Leave is granted to the Respondent to produce to any treating health or mental health professional a copy of the interim reasons for judgment once published, if he chooses.
THE COURT NOTES THAT:
A.An oral application was made by the Independent Children’s Lawyer and supported by counsel for the mother, to adjourn the proceedings to allow time for the further issuance of subpoena in light of the evidence produced today relating to the Respondent’s mental health. Counsel for the Respondent opposed…
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- Carter & Shahid (No 2) [2024] FedCFamC1F 874
- Case
- [2024] FedCFamC1F 874
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CaseChat Overview and Summary
The legal issues before the court included the interpretation of the Family Law Act 1975 and the Family Law (Family Law Rules 2021) Regulations 2021 in the context of child safety and welfare. The court had to balance the child's right to have a relationship with both parents against the potential risks posed by the father's mental health issues. Furthermore, the court needed to decide whether the new information provided warranted an adjournment of the proceedings to allow for further investigation and expert evidence.
The court granted the adjournment application, recognising the importance of ensuring the child's safety. The decision was influenced by the new information about Mr Shahid's mental health, which altered the calculus regarding the child's welfare. The court determined that supervised visitation was necessary to protect the child, and it ordered that the supervision be conducted by an agreed-upon agency. The costs of supervision were to be borne by Mr Shahid. Additionally, the court made consent orders for the disclosure of Mr Shahid's mental health records and for the filing of updated material. The court also noted that the child could still benefit from spending time with the respondent and his family, albeit under supervision. The court expressed a willingness to be assisted by expert evidence on Mr Shahid's mental health and suggested that the Legal Aid Commission of New South Wales might fund such evidence.
In conclusion, the court's orders reflect a careful consideration of the child's best interests, ensuring that the child's safety is prioritised while also acknowledging the importance of maintaining family relationships. The adjournment allows for further investigation and the provision of expert evidence, which will inform future decisions regarding the child's welfare. The orders provide a structured framework for the ongoing management of the child's contact with Mr Shahid, with the supervision to be carried out by a professional agency and the costs borne by Mr Shahid.
Orders
Orders of the court
WOC 705 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS CARTER
Applicant
AND:
MR SHAHID
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
11 DECEMBER 2024
THE COURT ORDERS THAT:
1. The Applicant’s adjournment application is hereby granted, and the proceedings are adjourned to 5 May 2025 at 10:00 am, with a further estimated hearing time of four days.
2. Pursuant to Part 10.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), orders are made by consent in accordance with the document marked “A” dated this day and attached hereto as amended by the Court.
3. Leave is granted to the parties to provide to my Associate executed consent orders regarding the appointment of a single joint expert in relation to the Respondent’s mental health and, if appropriate, orders may be made in chambers.
4. The Respondent’s time with the child be henceforth supervised by an agreed upon supervision agency that prepares written reports.
5. The cost of the supervision pursuant to Order 4 herein is to be solely borne by the Respondent.
6. Leave is granted to the Respondent to produce to any treating health or mental health professional a copy of the interim reasons for judgment once published, if he chooses.
THE COURT NOTES THAT:
A. An oral application was made by the Independent Children’s Lawyer and supported by counsel for the mother, to adjourn the proceedings to allow time for the further issuance of subpoena in light of the evidence produced today relating to the Respondent’s mental health. Counsel for the Respondent opposed the matter being adjourned.
B. Nothing in these orders prevents the child from spending time with the Respondent and extended family, albeit under supervision. There is no reason why the child should not continue to have the benefit of spending time with his family unit.
C. The Court would be assisted by expert evidence in relation to the Respondent’s mental health and would be grateful if the Legal Aid Commission of New South Wales would assist in funding same.
“A”
FAMILY LAW ACT 1975
IN THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1) / (DVISION 2)
File No. WOC705/2019
BETWEEN
MS CARTER
(Applicant)
and
MR SHAHID
(Respondent)
CONSENT ORDERS
BY CONSENT IT IS ORDERED
1. That the matter be adjourned until to 5 May 2024 at 10:00 am.
2. That the parties be at liberty to issue as many subpoenas as they deem necessary.
3. That the father be at liberty to file and serve an affidavit by 4.00pm 31 January 2025 limited to the father’s health.
4. That the father any Amended Response which he may rely upon by 4.00pm on 31 January 2025
5. That the mother file and serve an any amended application and/or affidavit in reply which the mother may rely upon to the father’s affidavit in relation to his health by 4.00pm 14 21 February 2025.
6. That the father be injuncted and restrained from this discussing the family law proceedings with any other person other than his legal representative and his treating health and mental health professionals.
7. That the father provide to the Applicant and the ICL under Federal Circuit and Family Court Rules 6.05 (2(c)) within 7 days of the date of these orders information in relation to the following including name of such persons and contact details:
a. Medical Practitioners or medical centre which he has sought treatment from since 2019 including but not limited to psychiatrist, psychologist, counsellor, therapist or specialist medical practitioner.
b. Any hospital or facility that the father may have attended including but not limited to as inpatient or outpatient.
c. Any group and individual therapy sessions.
d. Any reports from a medical practitioner, psychologist, psychiatrist, counsellor, therapist or specialist medical practitioner.
e. Any reports from any insurance company about the father’s health.
f. Any future appointments or recommendations or referrals to any medical practitioner, psychologist, psychiatrist, counsellor, therapist, hospital, facility or specialist medical practitioner.
8. That the parties have liberty to relist the matter with 48 hours’ notice.
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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