CASANO & ANTIPOV

[2016] FamCA 548

FAMILY COURT OF AUSTRALIA

CASANO & ANTIPOV [2016] FamCA 548

FAMILY LAW – PRACTICE AND PROCEDURE – Provision of previous Reasons for Judgment and Orders to Police and the Department of Family and Community Services.
APPLICANT:	Mr Casano

RESPONDENT: Ms Antipov

FILE NUMBER: PAC 3528 of 2012

DATE DELIVERED: 7 March 2016

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 7 March 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Katsinas

SOLICITOR FOR THE APPLICANT: Just Defence Criminal And Family Lawyers

COUNSEL FOR THE RESPONDENT: Mr Guterres

SOLICITOR FOR THE RESPONDENT: Legal Aid NSW Sydney Family Law

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Rowley & Associates

Orders

1. The Independent Children’s Lawyer is to provide to the police officer who has carriage of the investigation, Detective Acting Sergeant P, the Orders made on 16 September 2015 and the Reasons for Judgment of 16 September 2015.

1. The Independent Children’s Lawyer has leave to provide to Department of Family and Community Services a copy of the Reasons for Judgment and Orders of 16 September 2015.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Casano & Antipov has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3528  of 2012

Mr Casano

Applicant

And

Ms Antipov

Respondent

REASONS FOR JUDGMENT

1. First of all I will indicate that I will make, and do make, the following order:

   1. The Independent Children’s Lawyer is to provide to the police officer who has carriage of the investigation, Detective Acting Sergeant [P], the Orders made on 16 September 2015 and the Reasons for Judgment of 16 September 2015.

2. My reasons for making that order are as follows.

3. It would appear that there is currently an investigation into complaints made by the father with respect to matters in which it is alleged that the mother and her partner, Mr F, have harmed the child. The issue of the impact upon the child of the father’s ongoing allegations and, in particular, investigations as a result of those allegations, is a matter that is quite central to the orders that I made on 16 September 2015 and is material that the police would not otherwise be aware of.

4. Earlier during the day, I indicated that it may not necessarily be the case that the child would be interviewed as part of the investigation and referred to the mother having sole parental responsibility. Upon reflection, it must be the case that police are and, in fact, I am confident that they…