FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Crawford & Crawford [2025] FedCFamC2F 733
File number(s): NCC 978 of 2024 Judgment of: JUDGE OBRADOVIC Date of judgment: 4 June 2025 Catchwords: FAMILY LAW – PARENTING – Findings of family violence – Benefit of a relationship with father – Arrangements that would promote safety of the children – Aboriginal culture considerations Legislation: Evidence Act 1995 (Cth) ss 55, 56
Family Law Act 1975 (Cth) ss 60CC, 60CG, 69ZT
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.15
Cases cited: Australian Securities and Investment Commission v Hellicar [2012] HCA 17
Bain & Bain (2017) 319 FLR 119
Isles & Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
Jones & Dunkel (1959) 101 CLR 298
Lavell & Lavell [2012] FamCA 34
Pickford & Pickford [2024] FedCFamC1A 249
WK v SR (1997) 22 Fam LR 592
J D Heydon, Cross on Evidence, LexisNexis Looseleaf Service
Division: Division 2 Family Law Number of paragraphs: 185 Date of hearing: 14-16 May 2025 Place: Newcastle Counsel for the Applicant: Mr Bateman Solicitor for the Applicant: Hannaway Lawyers Counsel for the Respondent: Mr Teoh Solicitor for the Respondent: Lindeman Lawyers Counsel for the Independent Children's Lawyer: Ms Meares Solicitor for the Independent Children's Lawyer: Aboriginal Legal Service
Table of Corrections 4 June 2025 At [181] the words “turns 8 years old” corrected to “turns 7 years old”. 4 July 2025 Insert footnote at [94] after first sentence which says, “In the sense that it is not relevant, noting s 56 Evidence Act 1995 (Cth).” ORDERS
NCC 978 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CRAWFORD
Applicant
AND: MR CRAWFORD
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
4 JUNE 2025
Amended pursuant to rule 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 4 June 2025.
THE COURT ORDERS THAT:
1.The Children, X born in 2019 and Y born in 2021 (“Children”), spend time with the father, unless otherwise agreed, on a fortnightly rotation as follows:
(a)From the date of these orders until the commencement of term 2 in 2026:
(i)In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii)In week 2, Thursday from after school or 3:00pm until 6:00pm.
(b)From the commencement of term 2 in 2026 until the commencement of term 2 in 2027:
(i)In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii)In week 2:
A.Thursday from after school or 3:00pm until 6:00pm; and
B.Saturday from 9:00am until 4:00pm.
(c)From the commencement of term 2 in 2027 until the commencement of term 2 in 2028:
(i)In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii)In week 2:
A.Thursday from after school or 3:00pm until 6:00pm;
B.Saturday from 9:00am until 4:00pm; and
C.Sunday from 9:00am until 4:00pm.
(d)From the commencement of term 2 in 2028:
(i)In week 1, Thursday from…
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CaseChat Overview and Summary
The primary legal issues before the court included establishing a parenting arrangement that facilitated the children's relationship with their father while ensuring their safety. The court also had to consider the statutory obligations under the Family Law Act 1975, particularly the paramount consideration of the children's best interests. The court had to balance the benefit of a relationship with the father against the need to protect the children from any potential harm, including the impact of family violence. Furthermore, the court had to integrate cultural considerations, particularly the children's Aboriginal heritage, into the parenting plan.
The court, after weighing the evidence and arguments from both parties, concluded that a structured and progressive parenting arrangement would best serve the children's needs. The court established a detailed schedule for the children to spend time with their father, gradually increasing the duration and frequency of contact over time. The court also included specific provisions for the safety of the children, such as prohibiting physical discipline and abuse. Additionally, the court incorporated cultural considerations into the parenting plan, ensuring that the children's Aboriginal heritage was respected and integrated into their upbringing.
The court ordered that the children spend time with their father on a fortnightly rotation, starting with brief periods after school and gradually extending to full weekends. Special occasions for time with each parent were also detailed, reflecting cultural and holiday traditions. The court further imposed restraints on the father to prevent any physical or verbal abuse and mandated communication between the parties regarding the children's health and school activities. The court's decision also allowed both parents to participate in school and cultural activities involving the children.
Orders
Orders of the court
NCC 978 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS CRAWFORD
Applicant
AND:
MR CRAWFORD
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
4 JUNE 2025
Amended pursuant to rule 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 4 June 2025.
THE COURT ORDERS THAT:
1. The Children, X born in 2019 and Y born in 2021 (“Children”), spend time with the father, unless otherwise agreed, on a fortnightly rotation as follows:
(a) From the date of these orders until the commencement of term 2 in 2026:
(i) In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii) In week 2, Thursday from after school or 3:00pm until 6:00pm.
(b) From the commencement of term 2 in 2026 until the commencement of term 2 in 2027:
(i) In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii) In week 2:
A. Thursday from after school or 3:00pm until 6:00pm; and
B. Saturday from 9:00am until 4:00pm.
(c) From the commencement of term 2 in 2027 until the commencement of term 2 in 2028:
(i) In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii) In week 2:
A. Thursday from after school or 3:00pm until 6:00pm;
B. Saturday from 9:00am until 4:00pm; and
C. Sunday from 9:00am until 4:00pm.
(d) From the commencement of term 2 in 2028:
(i) In week 1, Thursday from after school or 3:00pm until 6:00pm; and
(ii) In week 2:
A. Thursday from after school or 3:00pm until 6:00pm; and
B. From Saturday 9:00am until Sunday 4:00pm.
(e) From the commencement of the school year in 2028 2029, time in accordance with Order 1(d) shall continue during school term but be suspended during school holidays.
(f) From the commencement of the school year in 2028 2029 during school holidays:
(i) At the conclusion of term 1, 2, and 3 for a block period of 5 nights as agreed between the parties, and failing agreement, from 9:00am on the first Monday of the school holidays until 9:00am on the following Saturday.
(ii) At the conclusion of term 4, for two block periods of 7 nights as agreed between the parties, and failing agreement:
A. From 9:00am on 3 January 2029 2030 until 9:00am on 10 January 2029 2030 and each year thereafter from 9:00am on 3 January until 9:00am on 10 January; and
B. From 9:00am on 17 January 2029 2030 until 9:00am on 23 24 January 2029 2030 and each year thereafter from 9:00am on 17 January until 9:00am on 23 24 January.
2. Unless otherwise agreed, changeover shall occur at the children’s school and/or daycare or otherwise at McDonald’s at Town G Service Centre.
3. Notwithstanding any other order and unless otherwise agreed, the Children shall spend time with each of their parents on special occasions as follows:
(a) With the mother on Mother's Day from 9:00am until 4:00pm;
(b) With the father on Father's Day from 9:00am until 4:00pm;
(c) With the mother on Christmas Day in even numbered years from 9:00am to 8:00pm; and
(d) With the father on Christmas Day in odd numbered years from 9:00am to 8:00pm.
(e) With the father on the father’s birthday from 3:00pm until 7:00pm.
(f) With the mother on the mother’s birthday from 3:00pm until 7:00pm.
(g) With the father on each of the children’s birthdays in even numbered years from 3:00pm until 8:00pm.
(h) With the mother on each of the children’s birthdays in odd numbered years from 3:00pm until 8:00pm.
4. The father is restrained from physically disciplining and physically or verbally abusing the children, or permitting any other person from doing so, while the children are in his care.
5. Each party shall notify the other party as soon as possible if a child becomes ill or has to see a doctor or other health professional, or is admitted to hospital, and each shall provide relevant medical practitioners with all consents necessary for the other party to be present and discuss the child’s medical condition and treatment with that medical practitioner.
6. Both parties shall authorise the children’s schools to provide both parties with copies of all school documentation about the children, including school photograph application forms and school reports.
7. The parties are authorised and permitted to attend all functions and activities facilitated by either child’s school/pre-school to which parents are ordinarily invited or permitted to attend, including parent-teacher interviews.
8. The parties shall keep each other informed of their telephone numbers, and email addresses, and shall notify each other within 24 hours of any change.
THE COURT NOTES:
A. The orders dated 14 May 2025 made by consent and on a final basis:
(a) That the mother, Ms Crawford (‘the Mother’) have sole parental responsibility for long term decisions in relation to the care of the children, X born in 2019 and Y born in 2021, in respect of their care, welfare and development and 14 days prior to making such any decision in respect of the children’s long term care, welfare and development, the Mother shall provide written notice to the Father of her intention to make the decision and the Father shall be at liberty to provide his views on the proposed decision in writing to the Mother, except in cases of emergencies.
(b) That the children live with the Mother.
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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