FAMILY COURT OF AUSTRALIA
| CURTIS & WOOTTEN | [2017] FamCA 445 |
FAMILY LAW – CHILDREN – Best Interests – Where it has been agreed the children should reside primarily with the mother – Where there was serious family violence perpetrated by the father – Where the father has been convicted of assault of the mother and firearms offences – Where the children were exposed to family violence – Where the father’s drug use is of concern – Where the father poses an unacceptable risk of harm to the children if not supervised – Consideration of the effect of long term supervision orders – Where the children have been exposed to significant parental conflict – Where the children are reluctant to spend time with the father – Where the Family Reporter is of the opinion the children should spend no time with the father – Where it is not in the best interests of the children to spend no time with the father – Orders made for the mother to have sole parental responsibility – Orders made for the father to spend supervised time with the children until the children attain the age of fourteen.
FAMILY LAW – COSTS – Independent Children’s Lawyer’s costs – Where consideration of general principles – Where appropriate that order be made for parties to pay equally the Independent Children’s Lawyer’s costs.
| Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CC(2), 61DA, 117 |
| De Roma & De Roma [2013] FamCA 566 W & W [Abuse allegations: unacceptable risk] [2005] FamCA 892 |
| APPLICANT: | Mr Curtis |
| RESPONDENT: | Ms Wootten |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Dalton |
| FILE NUMBER: | PAC | 3146 | of | 2014 | |
| DATE DELIVERED: | 27 June 2017 | ||||
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 8, 9 and 10 February 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Cairns |
| SOLICITOR FOR THE APPLICANT: | Mason Mia & Associates Solicitors & Advocates |
| COUNSEL FOR THE RESPONDENT: | Ms Spain |
| SOLICITOR FOR THE RESPONDENT: | Kenny Spring Solicitors |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Dalton of Lee Dalton & Associates |
Orders
That all previous parenting orders be discharged.
That the mother have sole parental responsibility for the children B born … 2008 and C born … 2010.
That the children live with the mother.
Each party must:
(a)contact a Contact Centre nominated by the Independent Children’s Lawyer (“the Contact Centre”) within 7 days of the Independent Children’s Lawyer nominating that Contact Centre and arrange an appointment for assessment of suitability for supervision of the time the children spend with…
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- AGLC
- CURTIS & WOOTTEN [2017] FamCA 445
- Case
- [2017] FamCA 445
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate parenting orders for the children, specifically addressing issues of parental responsibility, living arrangements, and the extent and conditions of contact between the children and their father. A key consideration was the suitability of supervised contact and the role of a Contact Centre in facilitating and overseeing this contact.
Foster J ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, and they were to live with her. Contact between the children and the father was to be supervised by a nominated Contact Centre, with both parties required to attend assessments and comply with the Centre's requirements. The father was to pay for the supervision and adhere to strict rules regarding his attendance and departure from the Contact Centre. The orders also stipulated that supervision would cease when each child turned 14, or earlier if agreed in writing, after which time with the father would be as reasonably agreed between the parents, with due regard to the children's wishes. The mother was also directed to facilitate the father's access to school reports and photo order forms and to inform him of any medical emergencies. The application for costs by the Independent Children’s Lawyer was dismissed.
Orders
Orders of the court
1.
That all previous parenting orders be discharged.
2.
That the mother have sole parental responsibility for the children B born … 2008 and C born … 2010.
3.
That the children live with the mother.
4.
Each party must:
(a) contact a Contact Centre nominated by the Independent Children’s Lawyer (“the Contact Centre”) within 7 days of the Independent Children’s Lawyer nominating that Contact Centre and arrange an appointment for assessment of suitability for supervision of the time the children spend with the Father;
(b) attend the assessment;
(c) comply with any appointments made by the Contact Centre for supervised time;
(d) comply with all reasonable rules of the Contact Centre; and
(e) comply with all reasonable requests or directions of the staff of the Contact Centre.
(f) If after the assessment intake procedure the Contact Centre is unable or unwilling to provide supervision as set out in Order 5 then the Independent Children’s Lawyer has leave to restore the matter to the list on 7 days’ written notice to the other party and to the Court.
5.
The Contact Centre may recommend the parties, or either of them, participate in a program or programs, and in that event, the Independent Children’s Lawyer may re-list the matter for mention on 7 days’ written notice to the other parties and to the Court.
6.
If after assessment the parties are accepted by the Contact Centre as suitable for supervised time the Father is to have contact with the children for a period of not less than two hours per month on the first Saturday of each month at times nominated by the Contact Centre, and such contact is to occur at the Contact Centre.
7.
The Mother must deliver the children to and collect the children from the Contact Centre at the times specified by the Contact Centre, and on each occasion, promptly leave the building and the vicinity.
8.
In the event that the Contact Centre offers supervised time only at times which are less regular than specified in Order 6, then contact shall occur at the times that are offered by the Contact Centre.
9.
The time the children spend with the Father under Order 6 is to be supervised by the Contact Centre and the Father must pay the reasonable fees for the supervision on each occasion of supervision.
10.
The Father must not attend the Contact Centre or its vicinity before the time with the children is to start and must promptly leave the Contact Centre and the vicinity at the time his time with the children is to end.
11.
The period of contact provided in these orders may vary by reason of the closure of the Contact Centre’s services during school and public holiday periods, and in such event, contact shall occur at times when the services can be provided by the Contact Centre.
12.
Provided always that upon each child attaining the age of 14 years, or earlier if as agreed by the mother and father in writing, the requirement for supervision of that child’s time with the father shall cease and thereafter the child shall spend time with the father as reasonably agreed between the mother and father in writing and the mother and father shall have due regard to the child’s reasonably expressed wishes as to time with the father.
13.
That notwithstanding the previous orders the children shall spend time further or other with the father as agreed between the mother and father in writing such writing to include SMS or email communication.
14.
That the mother shall do all things necessary to authorise and direct the children’s schools to provide to the father at his request copies of school reports and school photo order forms.
15.
That the mother shall promptly inform the father of any medical emergency in relation to the children and the event of such emergency requiring hospital admission inform the father of details so as to facilitate his attendance at such hospital to visit the child or children.
16.
That the parties shall keep each other informed of their telephone contact numbers both landline (if applicable) and mobile and of any change thereto within 24 hours of such change.
Independent Children’s Lawyer’s Costs
17.
That the application for costs by the Independent Children’s Lawyer be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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