Crampton and WILLIAMS

[2010] FamCA 830

FAMILY COURT OF AUSTRALIA

CRAMPTON & WILLIAMS [2010] FamCA 830

FAMILY LAW – CHILDREN – final orders by consent – with whom a child is to live– orders that the child live with the father

FAMILY LAW – CHILDREN – interim orders – with whom a child is to spend time – child to spend supervised time with the mother – mother restrained from consuming alcohol before or during time with the child

Family Law Act 1975 (Cth)

APPLICANT: Mr Crampton

RESPONDENT: Ms Williams

INDEPENDENT CHILDREN’S LAWYER: Legal Services Commission

FILE NUMBER: ADC 5103 of 2009

DATE DELIVERED: 7 SEPTEMBER 2010

PLACE DELIVERED: ADELAIDE

PLACE HEARD: ADELAIDE

EX TEMPORE JUDGMENT OF: BURR J

HEARING DATE: 7 SEPTEMBER 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT:	MR LESSES
SOLICITOR FOR THE APPLICANT:	ABORIGINAL LEGAL RIGHTS MOVEMENT INC

COUNSEL FOR THE RESPONDENT:	MR CHILDS
SOLICITOR FOR THE RESPONDENT:	GALLAGHER & CO

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:	MS LEWIS
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	LEGAL SERVICES COMMISSION

Orders

1. Further consideration of the proceedings be adjourned to 10.30 am on Tuesday 30 November 2010 before the Honourable Justice Burr.

2. By way of final order, the child S (“the child”) born … July 2001 live with the father.

AND IT IS FURTHER ORDERED, DURING THE PERIOD OF THE ADJOURNMENT, THAT:-

1. The father have sole parental responsibility for the child.

2. The parties forthwith sign all such documents, pay all such fees, undertake all such interviews and do all such things as are necessary to enroll to use the handover service at the H Children’s Contact Service (“CCS”).

3. Upon acceptance into the H CCS for use of the handover facility the mother spend time with the child under the general supervision of Ms N as follows:-

   (a)between the hours of 11.00 am and 2.00 pm each alternate Sunday for three [3] periods of time commencing on the first Sunday after acceptance by the parties into the M CCS handover service; and

   (b)at the conclusion of the aforesaid three [3] periods of time, from 10.00 am until 3.00 pm each alternate Sunday

   with all handovers at the commencement and conclusion of each period of time to be conducted at the M CCS.

4. The father’s mobile telephone number … be forthwith provided to Ms N in order that any matters of concern in relation to the mother’s interaction with the child may be communicated to the father by Ms N and, if necessary, arrangements can be made to return the child into the father’s care forthwith.

5. The mother be restrained and an injunction is hereby granted restraining the mother from consuming alcohol during any period of time that she spends with the child and for a period of no less than twelve [12] hours prior to any period of time that she is to spend with the child.

6. The mother undertake such counselling as is recommended by the Independent Children’s Lawyer in order to assist her in developing ways of managing her stress and developing more effective problem solving skills.

7. The mother have telecommunication with the child for a period of time between 5.00 pm and 6.00 pm on the Wednesday of each week to be effected by the father telephoning the mother on her mobile telephone number of ….

8. A sealed copy of these Orders be released to Ms N.

IT IS NOTED that publication of this judgment under the pseudonym Crampton & Williams is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 5103  of 2009

MR CRAMPTON

Applicant

And

MS WILLIAMS

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. I have before me proceedings that centre around one child of the relationship between the parties namely S (“the child”) born in July 2001.  Hence the child is 9 years of age.

2. The parties have now had the benefit of reading the Family Report that was prepared by Dr B and is dated 24 August 2010.  It provides a comprehensive summary of the issues that would impact upon the child’s best interests.  The concerns relate to difficulties that the mother encountered in the past in terms of parenting the child.  Those issues are essentially based around areas of neglect in a number of different respects.  Without me reciting them in any great detail, they appear in the Family Report. 

3. The mother appropriately and candidly acknowledged that she has had difficulties with alcohol consumption in the past.  She indicated that this was a matter that she had addressed and certainly would not put her daughter S at risk by any consumption of alcohol during any periods of time that she would spend with the child.  To her credit she has acknowledged that it is appropriate that the child live with the father and she is prepared to consent to an order in that regard on a final basis today. 

4. The issue thus remaining in dispute between the parties is as to what time the mother is to spend with the child.  Dr B recommends that it be for several hours on alternate Sundays but importantly, that it be at a venue other than the mother’s home.  A quite appropriate order is also proposed that the mother refrain from consuming alcohol for a period of 12 hours before she spends time with the child and obviously during any time that she spends with the child.  The father proposes that any time that the mother spends with the child initially be at the Children’s Contact Service (“CCS”).  That is not supported by the Independent Children’s Lawyer who, with the benefit of reading the comprehensive report, and quite appropriately in my view, takes the position that such an environment would not assist the mother in exploring fully her new and developing relationship with the child and vice versa.  The opportunities away from the CCS are significantly greater for play, activities and a meal together.

5. The recommendation of the Independent Children’s Lawyer is that initially there be a few periods of 2 – 3 hours each alternate Sunday but extending up to a period of some 5 hours thereafter.  In order to assist the parties in the handover arrangements, but also to offer the opportunity for an independent overview of the mother’s coping mechanisms and indeed whether or not she has abided the order I am about to make as to alcohol consumption,  it has been suggested that the handovers take place at the CCS.  I accept that is a sensible suggestion.

6. The remaining concern I had was as to the ability of the Court or indeed any of the parties in monitoring the progress of the mother in terms of her relationship with the child and whether or not she had abided the orders of the Court in relation to alcohol consumption.  I indicated that I would feel a greater level of comfort and be further satisfied that the proposed times for the mother to spend with the child represented the child’s best interests, if there was a level of supervision.  The mother is fortunate to have a friend who is prepared to drive her to and from eastern South Australia and Adelaide for the occasions I propose to order.  Clearly that friend is to remain in Adelaide whilst the mother spends her time with the child.  That friend is Ms N and I asked her if she would give some evidence to the Court today about her willingness and her availability to undertake a supervisory role and her understanding of that role.  She gave that evidence and I am satisfied that she is a suitable person to offer that additional level of comfort to the Court and support for the child and the mother.  It may well be that after a number of occasions that it will no longer be necessary for that loose supervision to be applied to the situation but that is a matter that can be reviewed at a time in the future.

I certify that the preceding six (6) paragraphs are a true copy of the Ex tempore reasons for judgment of the Honourable Justice Burr delivered on 7 September 2010.

Associate: 

Date:  8 September 2010