FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Channing & Channing (No 4) [2024] FedCFamC2F 1287
File number(s): PAC 5460 of 2021 Judgment of: JUDGE OBRADOVIC Date of judgment: 19 September 2024 Catchwords: FAMILY LAW – PARENTING – Both parents with limited capacity to act in best interests of children – Findings of family violence – Weight given to views of Children – Leaving door open for children to have relationship with the other parent Legislation: Family Law Act 1975 (Cth) as at 5 May 2024 ss 4AB, 60CA, 60CC, 60CG, 61DA, 65DAA
Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (NSW) rr 3, 4, 8
Cases cited: Banks & Banks [2015] FamCAFC 36
Beckham & Quarrington (No 3) [2024] FedCFamC2F 74
Carter & Wilson (2023) FLC 94-129
Isles v Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
Leventis & Leventis [2024] FedCFamC1A 141
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
Slater & Light [2011] FamCAFC 1
Division: Division 2 Family Law Number of paragraphs: 235 Date of hearing: 23-25 October 2023; 21 March 2024; 8 April 2024; 24 April 2024 Place: Parramatta Counsel for the Applicant: Mr Batey Solicitor for the Applicant: Hikma Legal Counsel for the Respondent: Mr Gardiner Solicitor for the Respondent: V Lawyers Counsel for the Independent Children's Lawyer: Dr McConaghy Solicitor for the Independent Children's Lawyer: Legal Aid NSW
Table of Corrections 27 November 2024 Citation “Leventis & Leventis (No 7) [2024] FedCFamC1F 143 at [15]” at [144] amended to “Leventis & Leventis [2024] FedCFamC1A 141 at [15]”. ORDERS
PAC 5460 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CHANNING
Applicant
AND: MR CHANNING
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
19 SEPTEMBER 2024
THE COURT ORDERS THAT:
1.The applicant mother shall have sole parental responsibility for Z born in 2012.
2.Z shall live with the applicant mother.
3.Z shall spend time with the father in accordance with his wishes.
4.The respondent father shall have sole parental responsibility for Y born in 2009.
5.Y shall live with the respondent father.
6.Y shall spend time with the mother in accordance with his wishes.
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has…
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- AGLC
- Channing & Channing (No 4) [2024] FedCFamC2F 1287
- Case
- [2024] FedCFamC2F 1287
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to resolve included the respective capacities of the parents to provide for the children’s best interests, the findings of family violence, and the weight to be given to the children’s views. The court considered the welfare and best interests of the children as the paramount consideration, with a focus on ensuring their safety, stability, and emotional well-being.
The court found that both parents had limited capacity to act in the best interests of the children, given the findings of family violence and the emotional impact on the children. However, it also noted that both parents had made efforts to engage with the children and that the children had expressed a desire to maintain a relationship with the other parent. The court decided to allocate sole parental responsibility to the mother for Z and to the father for Y, while allowing for each child to spend time with the other parent according to their wishes. This decision was made to balance the children’s need for stability with their desire to maintain a relationship with both parents. The court concluded that this arrangement would best serve the children’s welfare and best interests in the circumstances.
Orders
Orders of the court
PAC 5460 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS CHANNING
Applicant
AND:
MR CHANNING
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
19 SEPTEMBER 2024
THE COURT ORDERS THAT:
1. The applicant mother shall have sole parental responsibility for Z born in 2012.
2. Z shall live with the applicant mother.
3. Z shall spend time with the father in accordance with his wishes.
4. The respondent father shall have sole parental responsibility for Y born in 2009.
5. Y shall live with the respondent father.
6. Y shall spend time with the mother in accordance with his wishes.
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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