Cygnis & Cygnis - [2023] FedCFamC2F 1600

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Cygnis & Cygnis [2023] FedCFamC2F 1600

File number(s): CAC 2062 of 2020

Judgment of: JUDGE W J NEVILLE

Date of judgment: 14 December 2023

Catchwords: FAMILY LAW – Parenting – single issue parenting matter regarding the children’s time with the Father – where the Father has a range of mental health diagnoses, including Autism Spectrum Disorder (ASD) and Attention-Deficit/Hyperactivity Disorder (ADHD), as well as some dysregulation – the Father acknowledges a range of his issues and his hyper fixation on certain matters, including news and current affairs – the Father needs to regulate his social media usage in relation to these topics much more carefully – where the children love the Father and want to spend more time with him – whether the children’s time with the Father should increase and if so, if and when it should move to unsupervised time

Legislation: Family Law Act 1975 (Cth) ss. 60CA, 60CC(3)(a) – (m)

Cases cited:
AMS v AIF (1999) 199 CLR 160

Bondelmonte v Bondelmonte (2017) 259 CLR 662

Collu & Rinaldo [2010] FamCAFC 53

Fox v Percy (2003) 214 CLR 118

Godfrey & Saunders (2007) 208 FLR 287

Goode v Goode (2006) 206 FLR 212; (2007) 36 Fam LR 422

In the Marriage of Kress (1976) 13 ALR 309

In the Marriage of R (2002) 169 FLR 243; 29 Fam LR 230

M v S (2008) 37 Fam LR 32

Mazorski v Albright (2007) 37 Fam LR 518

McCall v Clark (2009) 41 Fam LR 483

Moose & Moose (2008) FLC 93-375

Partington v Cade (No.2) (2009) 42 Fam LR 401

Sigley v Evor (2011) 44 Fam LR 439

U v U (2002) 211 CLR 238

Vontek v Vontek [2017] FamCAFC 28

Division: Division 2 Family Law

Number of paragraphs: 135

Date of last submission/s: 28 August 2023

Date of hearing: 31 July – 2 August 2023

Place: Canberra

Counsel for the Applicant Ms M Meares

Solicitor for the Applicant JS Family Lawyers

Counsel for the Respondent Mr G Stagg

Solicitor for the Respondent Goldbrook Family Law

Independent Children’s Lawyer Legal Aid ACT

ORDERS

CAC 2062 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS CYGNIS

Applicant

AND:
MR CYGNIS

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

14 DECEMBER 2023

ON A FINAL BASIS, THE COURT ORDERS BY CONSENT THAT:
1.The Applicant Mother (‘the Mother’) have sole parental responsibility for the children, X born in 2011 and Y born in 2015 (‘the children’) and for and for the purpose of this Order:
(a)The Mother shall consult the Respondent Father (‘the Father’) in writing in relation to major decisions for the children, including medical, schooling and religious decisions; and
(b)Within 48 hours of receiving the notice referred to in Order 1 (a) above, the Father will reply to the Mother in writing with his views, if any, in relation to medical, schooling and religious decisions to be made for the children; and
(c)Upon receipt of the Father’s response referred to in Order 1 (b) above, the Mother will take the Father’s views, if any, into consideration when making the decision for the children; and
(d)The Mother shall notify the Father in writing of the decision made for the children within 24 hours of making such a decision; and
(e)In the event that the Father does not respond to the Mother within 48 hours of receiving notice referred to in Order 1 (a) above, the Mother shall be at liberty to make a decision for the children in the absence of the Father’s views

2.The children shall live with the Mother.

ON A FINAL BASIS, THE COURT FURTHER ORDERS THAT:
Live with Arrangements
3.All previous parenting Orders be discharged.
4.The children spend supervised time with the Father as follows:
(a)For two (2) hours every alternate Saturday supervised at B Contact Centre from 9:00am to 11:00am.

5.Following the completion of four (4) visits in accordance with Order 4 (a) above, the children spend time with the Father each fortnight as follows:
(a)In Week 1 on Saturday from 9:00am to 11:00am supervised at B Contact Centre;
(b)In Week 2 from 4:00pm to 7:00pm on a weekday for the purpose of allowing the Father to participate in the children’s extracurricular activities to be as agreed between the parents in writing but, failing agreement, on Wednesday; and
(c)At any other time as agreed between the parents in writing.

6.After a period of eight (8) weeks of the children spending time with the Father in accordance with Order 5 above, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for four (4) hours from 10:00am to 2:00pm with such time to take place in a public place; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement, on Wednesday; and
(c)At any other time as agreed between the parents in writing.

7.After a period of eight (8) weeks of the children spending time with the Father in accordance with Order 6 above, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for six (6) hours from 10:00am to 4:00pm with such time to take place in public; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday day for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement on Wednesday; and
(c)At any other time as agreed between the parents in writing.

8.After a period of eight (8) weeks of the children spending time with the Father in accordance with Order 7 above and continuing, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for eight (8) hours from 10:00am to 6:00pm; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday day for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement on Wednesday; and
(c)At any other time as agreed between the parents in writing.

9.When the Father is spending time with the Children in accordance with Orders 6 (a) and 7 above, he advise the Mother in writing of the location/s he will spending time with the children no less than 24 hours prior to time commencing.
10.The Father shall pay the full cost of supervised care provided by B Contact Centre, and if a parent requests that a supervisory report be prepared, the requesting parent shall pay for the cost of the report.
11.The Mother shall provide one or both children with a mobile phone which the children can use to communicate with the Mother during their time with the Father and:
(a)The Father shall ensure that one or both of the children have access to that mobile phone at all times; and
(b)The Father shall facilitate the children contacting the Mother if, at any time, they express a wish to do so; and
(c)The Father shall facilitate the children returning to the Mother's care should they express a wish to do so.

Parenting Course
12.Both parents shall, as soon as practicable, do all things necessary to attend a course aimed at caring for adolescent children such as C Program or Z Course and each parent shall provide the other with proof of completion of such course once done.

Changeovers
13.Any changeovers that do not occur pursuant to professionally supervised time shall occur via the B Contact Centre Supervised Changeover Program and in the event B Contact Centre is unable to facilitate the changeovers, then at McDonalds in Suburb D or as otherwise agreed between the parents in writing.
14.In the event the Father is more than 30 minutes late to any changeover of the children into his care, the Mother be permitted to leave the changeover location with the children and the time with the Father is cancelled and forfeit.

Special Occasions
15.After the commencement of time set out in Order 8 above and in the event that the children are not already spending time with the Father, the Mother’s time with the children is suspended and the children spend time with the Father on the following Special Occasions;
(a)On Father’s Day from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing;
(b)For each of the children’s Birthdays, on the first Saturday immediately following the child’s birthday, from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing.
(c)For the Father’s Birthday, on the first Saturday immediately following his birthday from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing,

16.After the commencement of time set out in Order 8 above and in the event the children are not already spending time with the Mother, the Father’s time with the children is suspended and the children spend time with the Mother on the following Special Occasions;
(a)On each of the children’s Birthdays on the Saturday immediately following the child’s birthday from 9:00am to 2:00pm or at times as otherwise agreed between the parents in writing.
(b)On the Mother’s Birthday on the Saturday immediately following her birthday from 9:00pm to 2:00pm or at times as otherwise agreed between the parents in writing.

17.On each of the children’s birthdays, the parent with whom the child is not spending time shall be permitted to contact the child by telephone or Facetime with the Facetime or telephone call to commence between 6:00pm and 6:30pm and for the purpose of this Order, the parent who is not spending time with the child shall initiate the call and the parent with care of the child at that time shall accept the call and make the child available.
18.In the event that the children are not spending time with a parent on the parents’ respective birthday, the other parent shall arrange for the child to communicate with the parent having the birthday by telephone or Facetime with the telephone or Facetime call to commence between 6:00pm and 6:30pm on the other parent’s birthday.

School Holidays
19.Commencing in 2024 during the Term 1, Term 2 and Term 3 gazetted school holidays, the children shall spend time with the parents as agreed in writing but, failing agreement, the following Orders shall apply:
(a)In even-numbered years, the children shall spend time with the Father for no less than three days from 9:00am to 7:00pm on each of the three days during Week 1 on days to be agreed between the parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 1 and at all other times with the Mother;
(b)In odd-numbered years, the children shall spend time with the Father for no less than three days from 9:00am to 7:00pm on each of the three days during Week 2 on days to be agreed between the parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 2 and at all other times with the Mother.

20.Commencing in 2023-24 during the Christmas/New Year Holiday period, the children shall spend time with the Father as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm on each of the three days during Weeks 1, 3 and 5 on days to be agreed between the parents in writing, but failing agreement on Wednesday, Friday and Saturday; and
(b)In odd-numbered years, the children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm on each of the three days during Weeks 2, 4 and 6 on days to be agreed between the parents in writing but, failing agreement, on Wednesday, Friday and Saturday.

21.The Father spend time with the children on Christmas Day from 9:00am to 5:00pm in even-numbered years.
22.The Father spend time with the children on Christmas Eve from 4:00pm to 8:00pm in odd-numbered years.

Communication
23.Unless otherwise agreed between the parties in writing and unless the children are already spending time with the Father, the children shall communicate with the Father by telephone and/or Facetime every Monday, Wednesday and Friday with the telephone or Facetime communication to commence between 6:00pm and 6:30pm and for the purpose of this Order, the Father shall initiate the call to the Mother and the Mother will accept such calls and make the children available.
AND IT IS NOTED that the above Order 23 is not intended to mean that the telephone or Facetime communication should occur for a period of thirty (30) minutes.
24.If the children indicate to the Mother that they wish to communicate with the Father by telephone or Facetime at other times outside the times contained in Order 23 above, the Mother shall advise the Father in writing to confirm he is available to accept such a call and will facilitate such communications by initiating the call to the Father and by making the children available.
25.If the children choose to contact the Father by telephone or Facetime in accordance with their wishes and without coordinating with the Mother, the Father is able to answer such Facetime or telephone communication at the time, or if unavailable, communicate with the children within 24 hours and the Father shall advise the Mother in writing prior to the communication and the Mother will make the children available.
26.Each parent shall keep the other informed at all times of their contact phone number and email address and shall notify the other parent in respect to any change of such contact details within 48 hours or as soon as practicable to do so.
27.Each parent shall advise the other parent in writing of any change to their residential address within 21 days of any change to it.

Communication with the Children’s School
28.Each parent is hereby authorised to obtain from the children’s school all notices, letters, school reports and other information that a parent would ordinarily be entitled to receive, and school photographs at the requesting parent’s cost.
29.The Father is hereby authorised to attend parent-teacher interviews, assemblies, concerts, performances, award ceremonies or other school or sporting activities to which parents are invited or would ordinarily subject to:
(a)The Father not being in attendance at the same time as the Mother;
(b)The Father notifying the Mother in writing of his intention to attend school at least seven (7) days prior to the event and the Mother confirming whether she will be attending or not within 48 hours of receiving the Father’s notice, and if so, the times that she will be attending; and
(c)The Father shall notify the school in writing of his intention to attend school and he will abide by all directions communicated by the school in relation to his attendance.

30.Each parent is permitted to provide a copy of these Orders to the children’s school/s.
31.That both parents shall communicate with each other about the children as follows:
(a)In writing using the Our Family Wizard software, utilising the ToneMeter function to ensure no messages are sent with statements flagged by ToneMeter.
(b)In the case of an emergency, as soon as possible via text; and
(c)In the case of any medical emergency, serious injury or serious illness the parent with the care of the children shall authorise treating health professionals to communicate with the other parent about the condition and treatment of the children.

Travel
32.Should either parent wish to apply for a passport for either child, the parent wishing to apply for the passport shall provide to the other parent, the passport application for that parent’s signature and that parent shall, within 14 days, do all acts and things necessary to sign the application and return the signed application form to the requesting parent and facilitate the issuing of the Passport.
33.The parents shall equally share the costs of the children’s passport application/s and/or renewal applications.
34.The child’s passport, once issued, shall remain in the possession of the Mother.
35.Pursuant to section 65Y of the Family Law Act 1975, the Mother is permitted to travel with the children outside the Commonwealth of Australia or permit the children to travel outside of the Commonwealth of Australia.
36.For the purpose of Order 35 above, if the Mother wishes to take the children overseas or permit the children to travel overseas she shall:
(a)provide to the Father in writing, the details of the proposed itinerary and period of such travel no less than 60 days prior to the planned departure date, unless in case of an emergency such as the death or serious illness of an immediate family member with the Mother providing evidence of the need for the emergency travel provided to the Father at the time of seeking to make those arrangements and before the arrangements are made;
(b)provide the Father no less than 21 days prior to travel, copies of return travel tickets, full street address of where the Children will be staying and contact information including a mobile or landline telephone number and email address; and
(c)ensure that the children have adequate travel insurance cover for accidents, illness, medical care and lost luggage at least 21 days prior to travel and is to provide the Father with a copy of such travel insurance.

37.For the period the children are overseas, the Father is permitted to have some reasonable means of communication with the children and the Mother shall facilitate this request on a schedule to be agreed between the parents prior to travel.
38.The Mother is not to travel with the children or permit the children to travel to any destination that has a Level 3 or greater traveller alert issued by the Australian Department of Foreign Affairs and Trade (or equivalent department as it may be known at the time of travel) at the time of travel or to a non-Hague Convention country except with the express written consent of the Father.

Restraints
39.Each parent is restrained from making critical, derogatory or denigrating remarks in relation to the other parent or members of that parent’s family to or in the presence of the children and each parent shall do all things necessary to ensure that no third party makes critical, derogatory or denigrating remarks in relation to the other parent, or members of that parent’s family, to or in the presence of the children.
40.Each parent shall ensure that the children are not exposed to family violence during any times that the children are living with or spending time with that parent.
41.Each parent is restrained from discussing family law matters or adult issues with the children or allowing any third party to do in the presence of the children.

Father’s Mental Health
42.The Father shall continue to engage with his current treating psychologist and/or psychiatrist in the manner recommended by each of those treatment providers.
43.The Father shall provide each of his current treating psychologist and/or psychiatrist copies of the following documents:
(a)The reports of Dr E dated 5 March 2021 and 23 March 2023;

(b)The report of Dr F dated 12 January 2022;
(c)The Family Report of Ms G dated 26 July 2023;
(d)The joint report of Drs E and F dated 25 July 2023; and
(e)A copy of the final orders and any reasons for decision.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE W J NEVILLE
Introduction

There are two children who are the subject of this proceeding: 12-year-old X (born in 2011), and 8-year-old Y (born in 2015).
The parents agree that the children shall continue to live with the Mother, and that she shall also have sole parental responsibility. In my view, these “concessions” by the Father are important and show quite some insight by him for which he should receive significant recognition. It would appear, however, that this has not occurred, either for the purposes of limiting the matters to be addressed at the hearing, and equally for giving the children, and importantly, the Mother, a crucial degree of certitude regarding decision-making regarding the welfare of the children.
In light of these agreements, the only issue to be determined related to the “spend-time-with” arrangements between the children and the Father, including whether there should be any supervision of this time noting that professionally supervised time has been occurring, and the rate at which such time should progress to unsupervised and/or overnight time if ordered. As Ms G noted in her Report, at par.119:
The primary concern in this matter is how much time [X] and [Y] should spend with [Mr Cygnis] and whether this time should be supervised. Related to this issue are the concerns about [Mr Cygnis’] mental health.
Also as noted by Ms G in her Report, supervised time between the Father and the children (a) certainly in the long-term, is unviable for all (for different reasons) and (b) there needs to be developed some “plan” to assist unsupervised time between the Father and the children.
There was an abundance of evidence before the Court, especially from “experts”, which came primarily from the following Reports, as well as the oral evidence from the parties and the experts. The Reports were:
(a)Report from psychologist, Dr F: 7^th January 2022;
(b)Reports from psychiatrist, Dr E: 4^th March 2021 and 20^th March 2023;[1]
(c)Report from psychologist, Ms G: 31^st January 2023;
(d)Joint Expert Report from Dr F & Dr E: 25^th July 2023.
[1] Both of these Reports were annexed to the Affidavit of Dr E, affirmed 21^st (and filed 23^rd) March 2023.
The primary focus of these Reports (certainly of Drs F and E) related to the mental health of the Father. Among other things, at this juncture, it is sufficient to note that both Dr F and Dr E agreed that, whatever else the Father might be diagnosed with, he identifies with diagnoses of autistic spectrum disorder and attention deficit hyperactivity disorder.
The Reports noted above are set out, in part, later in these reasons, together with summaries of the relevant evidence. The Reports of Dr F, and Ms G, also considered the other members of the family, including the children.
All experts agree that (a) the Father can be, and regularly is, fixated on certain things, as well as on the Mother (Ms G used the term “hyper-focused”: Report at par.127), and (b) the parents have a limited and minimal co-parenting relationship.
Having regard to all the evidence, subject only to some slight amendment, in my view, the Orders proposed by the Independent Children’s Lawyer (“the ICL”) are in the children’s best interests.
Applicant’s Orders Sought
The parties were permitted to provide any revised Minute of Orders to the Court within 24 hours after the conclusion of the Final Hearing. The Applicant provided an updated Minute of Orders Sought on 3^rd August 2023; they were as follows (emphasis in original):
1.That all previous Orders are discharged.
Parental responsibility
2.That the Mother shall have sole parental responsibility for the children, [X] born [in] 2011 and [Y] born [in] 2015 (“the children”).
Living arrangements
3.That the children shall live with the Mother.
Professionally supervised time with the Father
4.That until time commences in Order 8, the Father spend professionally supervised time with the children as agreed between the parties and failing agreement on a fortnightly cycle as follows:
a.In Week 1: On Saturday for a period of four hours as agreed and failing agreement between 9am until 1pm.
b.In Week 2: On a weekday after school with the day and time to be subject to [B Contact Centre] availability and not conflict with the children’s extracurricular activities.
c.That the time is to be supervised by [B Contact Centre] or [H Contact Centre] (“the Supervision Service”).
d.The costs of the Supervision Service be payable by the Father.
e.The restraints upon the Father at Order 23 apply.
f.The Supervision Centre be authorised to suspend, terminate or cancel any visits between the Father and the children in the event of non-compliance by the Father with this Order and Order 23.
g.The Supervision Centre be authorised to suspend, terminate or cancel any visits in full or in part in the event either or both children express a wish to return to their Mother’s care.
h.That the Mother shall apply and obtain a copy the supervision reports.
Parenting Courses
5.That the Father shall do all things necessary to attend and participate in the [Z Course] parenting course and [AA Program] or [BB Program] and shall provide the Mother with written confirmation of his enrolment and thereafter copies of his completion certificates.
6.That the Father enrol in and complete the ‘[V Program]’ provided by the [W Service].
7.That upon completion of the Men’s Behavioural Change program, the Father provide to the Mother/Mother’s solicitor documentary evidence of his completion of the program.
Unsupervised Time
8.That upon the Father completing the [V Program] pursuant to Order 6 or 12 months from the date of the Orders provided that he has completed the parenting courses pursuant to Order 5, whichever is later, the Father spend time with the children on a fortnightly cycle as follows:
a.For a period of ten visits, each alternate Saturday from 9am until 11am with such time to occur in a public location.
9.That upon the conclusion of the time referred to in Order 8(a), the Father shall spend time with the children on a fortnightly cycle as follows for a further ten visits:
a.In Week 1: On Saturday from 9am until 1pm with the time to be spent at a public place such as a park, public pool or shopping centre.
b.In Week 2: On a weekday from 3:30pm until 5:30pm (or the conclusion of the extracurricular activity) for the purpose of allowing the Father to participate in the children’s extracurricular activities to be as agreed between the parents in writing but failing agreement, as nominated by the Mother.
10.Thereafter, the Father shall spend time with the children as follows:
a.In Week 1: On Saturday from 9am until 3pm with the time to be spent at a public place such as a park, public pool or shopping centre.
b.In Week 2: On a weekday from 3:30pm until 5:30pm (or the conclusion of the extracurricular activity) for the purpose of allowing the Father to participate in the children’s extracurricular activities to be as agreed between the parents in writing but failing agreement, as nominated by the Mother.
11.That in the event the Father is late to any visit by more than 15 minutes, unless otherwise agreed between the parties, that visit shall be cancelled.
12.In the event that the children refuse to spend time with the Father then the Mother shall forthwith notify the Father and his time shall be suspended.
13.That any time the Father is to spend time with the children pursuant to these Orders the following shall apply:
a.That the time occurs in a public location;
b.That the Father is to provide to the Mother no less than 5 hours’ notice of where he will spend time with the children and will forthwith notify the Mother of any changes.
14.That the Mother shall provide to one or both children a mobile phone which the children can use to communicate with the Mother during their time with the Father and for that purpose:
a.The Father shall ensure that one or both of the children have access to that mobile phone at all times;
b.That the Mother shall ensure the phone is sufficiently charged prior to the visit;
c.The Father shall facilitate the children contacting the Mother if, at any time, they express a wish to do so;
d.That the Father shall provide the children with privacy during any calls;
e.The Father is hereby restrained from accessing the phone;
f.That the Father shall not negatively place pressure on the children if they express a wish to contact the Mother or return to the Mother; and
g.The Father shall forthwith facilitate the children returning to the Mother’s care should they express a wish to do so.
15.That pursuant to s68B of the Family Law Act 1975, the Father shall be restrained by injunction from:
a.Approaching or coming within 5 metres of the Mother without her written consent.
b.Removing or attempting to remove the children from their extracurricular activities or school event without the Mother’s written consent.
c.Discussing the proceedings or denigrating the Mother to any third parties at any of the children’s schooling events or extracurricular activities.
d.That if the time is occurring at the children’s extracurricular activity the Mother shall be at liberty to advise or ask a third party to advise the Father to immediately leave the activity and within 48 hours, advise the Father in writing as to her observations and concerns.
16.That the Father’s time with the children be suspended during the Christmas Festive period from 24 December each year until 1 January in the following year and in lieu of any time the Father would have spent within that period, he is to spend time with the children from 3pm until 7pm on Christmas Day except as otherwise agreed in writing between the parties.
17.Providing it is agreed by the Mother in writing, the Father may attend at the children’s school and extracurricular activities and for that purpose the Father is to notify the Mother and the school at least 7 days prior to the event of his intention of attending and proposed time with the Mother to respond to such request within 48 hours of receipt.
18.That in the event the Father wishes to spend additional supervised time with the children, for example, on special occasions such as Christmas, Easter, birthdays and Father’s Day, the Father shall provide at least 14 days’ written request to the Mother setting out:
a.His nominated supervisor which shall be either [B Contact Centre] or [H Contact Centre] or, if she is willing and available to do so, the Father’s sister [Ms J]; and
b.The date and times of when he wishes the visit to occur;
and the Mother shall respond to the request within 72 hours.
Telephone/video calls
19.That on the days that the Father is not otherwise spending time with the children, he shall have telephone or video calls with the children on the following basis:
a.Each Monday, Wednesday and Friday between 6pm and 6.30pm; and
b.The Father is to initiate the call to the Mother’s mobile phone.
c.At any other times as requested by the children.
Father’s mental health
20.That the father shall continue to attend upon his treating psychologist for the purposes of ongoing treatment with such frequency to be as recommended by the psychologist.
21.That the Father will forthwith notify the Mother of any:
a.Change to his treating psychologist;
b.If he receives any further mental health diagnosis and/or is hospitalised for his mental health;
c.If he is subject to any further Family Violence Orders as a Respondent; and
d.Provide to the Mother written correspondence from the psychologist if it is recommended that the Father does not require any further treatment.
22.THAT pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth), the Independent Children’s Lawyer be authorised to provide an account of these proceedings, namely the documents listed hereafter, to any and all of the health professionals referred to in the previous paragraph of these Orders and shall do so within 14 days of being advised by the father of the identity of such professionals:
a.Family Report of [Dr F] dated 12 January 2022;
b.Reports of [Dr E] dated 5 March 2021 and 23 March 2023;
c.Family Report of [Ms G] dated 26 July 2022;
d.The Joint Report of [Dr F] and [Dr E]; and
e.A copy of the final Orders and reasons for decision.
Restraints
23.That the Father by restrained by injunction from:
a.Indicating to the children that he prefers a different visitation arrangement with them or allowing any other person to do so on his behalf;
b.Discussing with the children the Court proceedings in this Court, any proceedings relating to Family Violence in which he, the Mother or the children are parties or protected persons, or allowing any other person to do so on his behalf;
c.Showing to the children any document filed in these proceedings or allowing any other person to do so on his behalf;
d.Blaming the Mother for the family violence order or for the children’s care arrangements or allowing any other person to do so on his behalf;
e.Denigrating the Mother or the Mother’s family in the presence of the children or allowing any other person to do so including but not limited to alleging that the Mother has defamed him, has fabricated evidence against him and that she has committed perjury;
f.Coming more than 5 metres away from the Mother unless otherwise agreed in writing.
g.Engaging in family violence as defined by Section 4B of the Family Law Act while the children are in his care, or allowing any other person to do so.
24.That during the time the children are with each parent, that parent shall:
a.Speak of the other parent and family members respectfully;
b.Not physically discipline the children; and
c.Not denigrate or insult the other parent or other family members in the presence or hearing of the children and use their best endeavours to ensure that others do not do so either.
Communication
25.That, unless in circumstances of emergency, the parties shall communicate in relation to matters involving or affecting the children via the Our Family Wizard app, with the ‘Tone Meter’ function enabled.
26.That the Mother shall notify the Father if the children change schools or the children have any significant health concerns.
27.In cases of emergencies, the parties shall communicate via text message.
28.That the parents shall ensure that communications between them shall be in a concise, polite and businesslike manner.
29.THAT the children shall be at liberty to communicate with the parent with whom they are not spending time at any time and when the children express a wish to contact that parent, the other parent shall use his or her best endeavours to facilitate such call.
30.That each parent shall keep each other informed of their contact telephone number and email address and will advise each other within 24 hours of any changes to those details.
31.In the event that the children shall suffer any injury, be hospitalised or suffer any significant illness the parent in whose care the children are in at the time shall notify the other parent immediately except in the case of an emergency where they shall do so as soon as is reasonably practicable but no more than 8 hours after the emergency.
Changeover
32.That any changeovers that are not pursuant to professionally supervised time shall occur via [B Contact Centre] Changeover Program and in the event [B Contact Centre] is unable to facilitate the changeovers, then at [Suburb D] McDonalds or as agreed between the parties in writing.
33.That in cases of emergency whereby changeover may occur in person, the parents shall ensure the handover is brief, and each parent engage in a polite manner and for the purposes of this Order each parent is hereby restrained from raising any non-urgent concerns relating to the care, welfare or development of the child during the changeover.
Financial
34.That pursuant to section 124 and 141 of the Child Support (Assessment) Act 1989:
a.The father must provide child support for the children, [X] born [in] 2011 and [Y] born [in] 2015 otherwise than in the form of periodic amounts paid to the mother, namely, by payment to the children's School half of all school fees as and when they fall due for and from the 2023 school year for the education of [X] born [in] 2011 and [Y] born [in] 2015 and the Father shall indemnify the Mother and keep the Mother indemnified as to his half share of the children's school fees.
b.The father must provide child support for the children [X] born [in] 2011 and [Y] born [in] 2015 otherwise than in the form of periodic amounts paid to the mother, namely, by payment to the children's psychologists half of all fees as and when they fall due of [X] born [in] 2011 and [Y] born [in] 2015 and the Father shall indemnify the Mother and keep the Mother indemnified as to his half share of the children's psychologist fees.
c.The child support provided pursuant to these orders is not to be credited against a liability under any relevant administrative assessment of child support.
Travel
35.Should either parent wish to apply for a passport for either child, the parent wishing to apply for the passport shall provide to the other parent, the passport application for that parent’s signature and that parent shall, within 14 days, do all acts and things necessary to sign the application and return the signed application form to the requesting parent and facilitate the issuing of the Passport
36.That the parents shall equally share the cost of the children’s passport application and any renewal costs.
37.That the child’s passport, once issued, shall remain in the possession of the Mother.
38.That, pursuant to section 65Y of the Family Law Act 1975, the Mother is permitted to travel with the children outside the Commonwealth of Australia or permit the children to travel outside of the Commonwealth of Australia.
39.That, for the purpose of Order 37 above, if the Mother wishes to take the children overseas or permit the children to travel overseas she shall:
a.provide to the Father in writing, the details of the proposed itinerary and period of such travel no less than 60 days prior to the planned departure date, unless in case of an emergency such as the death or serious illness of an immediate family member with the Mother providing evidence of the need for the emergency travel provided to the Father at the time of seeking to make those arrangements and before the arrangements are made;
b.provide the Father no less than 21 days prior to travel, copies of return travel tickets, full street address of where the Children will be staying and contact information including a mobile or landline telephone number and email address; and
c.ensure that the children have adequate travel insurance cover for accidents, illness, medical care and lost luggage at least 21 days prior to travel and is to provide the Father with a copy of such travel insurance.
40.That during the period the children are overseas, the Father’s time with the children shall be suspended and the Father shall be at liberty to have make up time upon their return as agreed between the parties.
41.That, for the period the children are overseas, the Father is permitted to have some reasonable means of communication with the children and the Mother shall facilitate this request on a schedule to be agreed between the parents prior to travel.
42.That the Mother shall be permitted to travel interstate with the children and if that travel was to occur during the Father’s time with the children pursuant to the Orders, the following shall occur:
a.The travel shall not occur more than once per school term;
b.The Father’s time with the children shall be suspended;
c.The Father shall be at liberty to have make up time upon their return as agreed between the parties; and
d.That the Father’s telephone communication with the children shall continue during this period.
Medical
43.These Orders authorise the Mother and the Father to contact any treating health professional that the children shall attend upon to request relevant information regarding the children and for the health professional to release to either parent any such information that a parent may usually receive.
44.These Orders authorise the Mother or the Father to contact any educational facility that children shall attend to request any relevant information regarding the children and for the educational facility to provide such information that a parent may usually receive including but not limited to school reports, notifications, photographs and newsletters. A copy of these Orders to be provided by the parents to the educational facility.
Other
45.Upon the expiration of the Appeal period and in the event that no appeal is lodged that all exhibits then be returned to the party who tendered same and that all material produced on subpoena be returned to the person or organisation who produced same or securely destroyed.
Respondent’s Orders sought

The Respondent filed an updated Minute of Proposed Orders on 4^th August 2021; they were as follows (emphasis in original):
1.That the children [X] born [in] 2011 and [Y] born [in] 2015 (the Children) shall live with the mother.
2.The Mother have sole parental responsibility for the Children and for the purpose of this Order:
(a)The Mother shall consult the Father in writing (including by text message or email) in relation to major decisions for the Children, including medical, schooling and religious decisions; and
(b)Within 48 hours of receiving the notice referred to in Order 2(a) above, the Father will reply to the Mother with his views, if any, in relation to medical, schooling and religious decisions made for the Children; and
(c)Upon receipt of the Father’s response referred to in Order 2(b) above, the Mother will take the Father’s views, in any, into consideration when making the decision for the Children; and
(d)The Mother shall notify the Father in writing (including by text message or email) of the decision made for the Children within 24 hours of making such a decision; and
(e)In the event that the Father does not respond to the Mother within 48 hours of receiving notice referred to in Order 2(a) above, the Mother shall be at liberty to make a decision for the Children in the absence of the Father’s views.
TIME
3.That the Children spend supervised time with their Father as follows:
(a)For two (2) hours every alternate Saturday supervised at [B Contact Centre] from 9:00am to 11:00am.
4.That following the completion of four (4) visits in accordance with Order 3(a), the Children spend time with the Father each fortnight as follows:
(a)Week 1 on Saturday from 9:00am to 11:00am supervised at [B Contact Centre];
(b)Week 2 from 4:00pm to 7:00pm on a day to allow the Father to participate in the Children’s extracurricular activities as agreed between the Parents in writing, but failing agreement on Wednesday; and
(c)Other times as agreed between the Parents in writing.
5.After a period of eight (8) weeks of the Children spending time with the Father in accordance with Order 4, the Children spend unsupervised time with the Father each fortnight as follows:
(a)During Week 1 on Saturday for four (4) hours from 10:00am to 2:00pm; and
(b)During Week 2 from 4:00pm to 7:00pm on a day to allow the Father to participate in the Children’s extracurricular activities as agreed between the Parents in writing, but failing agreement on Wednesday; and
(c)Other times as agreed between the Parents in writing.
6.After a period of eight (8) weeks of the Children spending time with the Father in accordance with Order 5, the Children spend unsupervised time with the Father each fortnight as follows:
(a)During Week 1 on Saturday for eight (8) hours from 10:00am to 6:00pm; and
(b)During Week 2 from 4:00pm to 7:00pm on a day to allow the Father to participate in the Children’s extracurricular activities as agreed between the Parents in writing, but failing agreement on Wednesday; and
(c)Other times as agreed between the Parents in writing.
7.That when the Father is spending time with the Children in accordance with Order 6(a), he advise the Mother in writing of the location he will spending time with the Children 24 hours prior to commencing time.
8.The Father shall pay the full cost of supervised care provided by [B Contact Centre], and if a Parent requests that a supervisory report be prepared, the requesting Parent shall pay for the cost of the report.
9.That the Mother is not to cancel an appointment between the Father and Children without first advising the Father and only in circumstances when both children are ill.
PARENTING COURSES
10.The Parents attend a course in relation to caring for adolescents such as [C Program] or [Z Program].
CHANGEOVERS
11.Unless otherwise agreed between the parties in writing (including by text message or email), any changeovers not occurring at [B Contact Centre] shall occur in a public place to be agreed in writing between the Parents.
SPECIAL OCCASIONS
12.In the event that the Children are not already spending time with the Father, the Mother’s time with the Children is suspended and the Children spend time with the Father on the following Special Occasions;
(a)On Father’s Day from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing;
(b)On each of the Children’s Birthdays on the first Saturday immediately following the child’s birthday, from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing.
(c)On the Father’s Birthday on the first Saturday immediately following his birthday from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing,
13.In the event that the Children are not already spending time with the Mother, the Father’s time with the Children is suspended and the Children spend time with the Mother on the following Special Occasions;
(a)On Mother’s Day from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing.
(b)On each of the Children’s Birthday on the Saturday immediately following the child’s birthday from 9:00am to 12:00pm or at times as otherwise agreed between the parents in writing.
(c)On the Mother’s Birthday on the Saturday immediately following her birthday from 9:00pm to 12:00pm or at times as otherwise agreed between the parents in writing,
14.That on each of the Children’s birthdays, the Parent with whom the child is not spending time shall be permitted to contact the child by telephone or Facetime with the Facetime or telephone call to commence between 6:00pm and 6:30pm and for the purpose of this Order, the parent who is not spending time with the Child shall initiate the call and the Parent with care of the Child at that time shall accept the call and make the Child available.
15.In the event that the Children are not spending time with a parent on the parents’ respective birthday, the other parent shall arrange for the Child to communicate with the parent having the birthday by telephone or Facetime with the telephone or Facetime call to commence between 6:00pm and 6:30pm on the other parent’s birthday.
SCHOOL HOLIDAYS
16.Commencing in 2024 during the Term 1, Term 2 and Term 3 gazetted school holidays, the Children shall spend time with the Parents as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the Children shall spend time with the Father for no less than three days from 9:00am to 7:00pm during Week 1 on days to be agreed between the Parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 1 and at all other times with the Mother;
(b)In odd-numbered years, the Children shall spend time with the Father for no less than three days from 9:00am to 5:00pm during Week 2 on days to be agreed between the Parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 2 and at all other times with the Mother.
17.Commencing in 2025 during the Term 1, Term 2 and Term 3 gazetted school holidays, the Children shall spend time with the Parents as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the Children shall spend time with the Father for no less than three days including overnight time during Week 1 on days to be agreed between the Parents in writing, but failing agreement on 9:00am Thursday to Saturday at 5:00pm during Week 1 and at all other times with the Mother;
(b)In odd-numbered years, the Children shall spend time with the Father for no less than three days including overnight time during Week 2 on days to be agreed between the Parents in writing, but failing agreement on 9:00am Thursday to Saturday at 5:00pm during Week 2 and at all other times with the Mother.
18.Commencing in 2023-24 during the Christmas-New Year Holiday period, the Children shall spend time with the Father as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the Children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm during Week 1, 3 and 5 on days to be agreed between the Parents in writing, but failing agreement on Wednesday, Friday and Saturday; and
(b)In odd-numbered years, the Children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm during Week 2, 4 and 6 on days to be agreed between the Parents in writing, but failing agreement on Wednesday, Friday and Saturday.
19.Commencing in 2025-26 during the Christmas-New Year Holiday period, the Children shall spend time with the Father as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the Children shall spend time with the Father for no less than three days a week including overnight time during Week 1, 3 and 5 on days to be agreed between the Parents in writing, but failing agreement on 9:00am Thursday to 7:00pm Saturday; and
(b)In odd-numbered years, the Children shall spend time with the Father for no less than three days a week including overnight time during Week 2, 4 and 6 on days to be agreed between the Parents in writing, but failing agreement on 9:00am Thursday to 7:00pm Saturday;
20.That the Father spend time with the Children on Christmas Day from 9:00am to 5:00pm in even-numbered years.
21.The Father spend time with the Children on Christmas Eve from 4:00pm to 8:00pm in odd-numbered years.
COMMUNICATION
22.Unless otherwise agreed between the parties in writing (including by text message or email), the Father shall communicate with the Children by telephone and/or Facetime every Monday, Wednesday and Friday with the telephone or Facetime communication to commence between 6:00pm and 6:30pm and for the purpose of this Order, the Father shall initiate the call to the Mother and the Mother will accept such calls and make the Children available.
(a)It is not intended to mean that the telephone or Facetime communication should occur for a period of thirty (30) minutes.
23.If the Children indicate to the Mother that they wish to communicate with the Father by telephone or Facetime at other times outside the times contained in Order 22, the Mother shall advise the Father in writing (including by text message or email) to confirm he is available to accept such a call and will facilitate such communications by initiating the call to the Father and by making the Children available.
24.If the Children choose to contact the Father by telephone or Facetime in accordance with their wishes and without coordinating with the Mother, the Father is able to answer such Facetime or telephone communication at the time, or if unavailable, communicate with the Children within 24 hours and the Father shall advise the Mother in writing (including by text message or email) prior to the communication and the Mother will make the Children available.
25.Each parent shall keep the other informed at all times of their contact phone number and email address and shall notify the other parent in respect to any change of such contact details within 48 hours or as soon as practicable to do so.
26.Each parent shall advise the other parent in writing of any change to their address within 21 days prior to relocating out the area.
FAMILY THERAPY
27.Within 30 days of the date of these Orders, the Father shall do all things to arrange for himself and the Children to attend upon a family therapist for the purpose of therapeutic counselling with a view to improving their relationship with their Father and developing a plan that outlines expectations about the conduct of the Father when he is with the Children.
28.For the purpose of Order 27, the Father shall within fourteen (14) days of the date of these Orders, propose three Family Therapists to the Mother and the Mother shall choose one of the three proposed Family Therapists and notify the Father within a further 7 days and the therapist chosen by the Mother shall be the appointed therapist (the Therapist).
29.The parents agree to properly consider and if appropriate, to implement any reasonable recommendations of the Therapist in relation to supporting the children’s relationship with their Father.
30.Pursuant to section 121 of the Family Law Act the father is authorised and directed to provide the Therapist a copy of these Orders.
31.Each parent will provide the Therapist with the name and contact details of any counsellor, therapist, psychologist or similar professional that they and the Children are currently engaged with including providing updated information where relevant, and will authorise the Therapist to contact the parent’s therapists to assist with the passing of information or recommendations where the Therapist elects it would be beneficial to the family therapy process for this to occur.
32.That the Father be responsible for the cost of the Therapist.
COMMUNICATION WITH THE CHILDREN’S SCHOOL
33.Each parent is hereby authorised to obtain from the children’s school, all notices, letters, school reports, and school photographs at the requesting parent’s cost.
34.The Father is hereby authorised to attend parent-teacher interviews, assemblies, concerts, performances, award ceremonies or other school or sporting activities to which parents are invited or would ordinarily subject to:
(a)The Father not being in attendance at the same time as the Mother;
(b)The Father notifying the Mother in writing of his intention to attend school at least seven (7) days prior to the event and the Mother shall confirm whether she will be attending or not within 48 hours of receiving the Father’s notice, and if so, the times that she will be attending.
(c)The Father shall notify the school in writing of his intention to attend school and he will abide by all directions communicated by the school in relation to his attendance.
35.Each parent is permitted to provide a copy of these Orders to the Child’s school.
36.That both parents shall communicate with each other about the Children as follows:
(a)notify the other parent as soon as possible of any medical emergency, serious injury or serious illness, and authorise treating health professionals to communicate with the other parent about the condition and treatment of the children;
(b)in writing using the Our Family Wizard software, utilising the ToneMeter function to ensure no messages are sent with statements flagged by ToneMeter.
TRAVEL
37.Should either parent wish to apply for a passport for the Child, the parent wishing to apply for the Passport shall provide to the other parent, the passport application for that parent’s signature and that parent shall, within 14 days, do all acts and things necessary to sign the application and return the signed application form to the requesting parent and facilitate the issuing of the Passport.
38.The parent making the passport application shall solely incur the costs of such application.
39.The Child’s passport, once issued, shall remain in the possession of the Mother.
40.The Mother is permitted to travel with the Children out of the Mother’s parent’s request to travel with the Children outside the Commonwealth of Australia.
41.For the purpose of Order 40 above, if the Mother wishes to take the Children overseas she is to:
(a)provide to the Father in writing, the details of the proposed itinerary and period of such travel no less than 60 days prior to the planned departure date, unless in case of an emergency such as the death or serious illness of an immediate family member with the Mother providing evidence of the need for the emergency travel provided to the Father at the time of seeking to make those arrangements and before the arrangements are made;
(b)provide the Father no less than 21 days prior to travel, copies of return travel tickets, full street address of where the Children will be staying and contact information including a mobile or landline telephone number and email address; and
(c)ensure that the Children have adequate travel insurance cover for accidents, illness, medical care and lost luggage at least 21 days prior to travel and is to provide the Father with a copy of such travel insurance.
42.The Mother will be responsible for the Child’s travel and accommodation costs.
43.For the period the Children is overseas, the Father is permitted to have some reasonable means of communication with the Children and the Mother shall facilitate this request on a schedule to be agreed prior to travel.
44.The Mother is not to travel with the Children to any destination that has a Level 3 or greater traveller alert issued by the Australian Department of Foreign Affairs and Trade (or equivalent department as it may be known at the time of travel) at the time of travel or to a non-Hague Convention country except with the express written consent of the Father.
RESTRAINTS
45.Each parent is restrained from making critical, derogatory or denigrating remarks in relation to the other parent or members of that parent’s family to or in the presence of the Children and each parent shall do all things necessary to ensure that no third party makes critical, derogatory or denigrating remarks in relation to the other parent, or members of that parent’s family, to or in the presence of the Children.
46.Each parent shall ensure that the Children is not exposed to family violence during any times that the Children is living with or spending time with them.
47.Each parent is restrained from discussing family law matters or adult issues with the Children.
EFFECT OF ORDERS
48.That both Parents do such necessary acts and things to give effect to these Orders.
49.That in the event of any dispute as to the interpretation, implementation or enforcement of these Orders, including any claim by a party that they should be varied, the parties shall first attend family dispute resolution (FDR) with an FDR Practitioner appointed by the Parents and make a genuine attempt to resolve the dispute. Failing agreement as to that appointment the Parent raising the dispute shall nominate three FDR practitioners, one of whom shall be chosen by the other Parent within 14 days.
50.The Parents are to share equally the cost of any FDR.
NOTED
AIt is noted by the Father that the transition to overnight time commencing in 2025 and occurring in the school holidays reflects his wish to spend overnight time with the children after a gradual increase in time and where the Father continues to attend counselling and he attends Family Therapy with the Children.
Independent Children’s Lawyer’s Orders sought
The Independent Children’s Lawyer also filed an updated Minute of Final Orders Proposed on 3^rd August 2023; they were as follows (emphasis in original):
1.That all previous parenting-related orders be discharged.
Parental Responsibility
2.That the Applicant Mother (‘the Mother’) have sole parental responsibility for the children [X] born [in] 2011 and [Y] born [in] 2015 (‘the Children’) and for the purpose of this Order:
(a)The Mother shall consult the Respondent Father (‘the Father’) in writing in relation to major decisions for the children, including medical, schooling and religious decisions; and
(b)Within 48 hours of receiving the notice referred to in Order 2 (a) above, the Father will reply to the Mother in writing with his views, if any, in relation to medical, schooling and religious decisions to be made for the children; and
(c)Upon receipt of the Father’s response referred to in Order 2 (b) above, the Mother will take the Father’s views, if any, into consideration when making the decision for the children; and
(d)The Mother shall notify the Father in writing of the decision made for the children within 24 hours of making such a decision; and
(e)In the event that the Father does not respond to the Mother within 48 hours of receiving notice referred to in Order 2 (a) above, the Mother shall be at liberty to make a decision for the children in the absence of the Father’s views.
Lives With/Spends Time With
3.That the children shall live with the Mother.
4.That the children spend supervised time with the Father as follows:
(a)For two (2) hours every alternate Saturday supervised at [B Contact Centre] from 9:00am to 11:00am.
5.That, following the completion of four (4) visits in accordance with Order 4 (a) above, the children spend time with the Father each fortnight as follows:
(a)In Week 1 on Saturday from 9:00am to 11:00am supervised at [B Contact Centre];
(b)In Week 2 from 4:00pm to 7:00pm on a weekday for the purpose of allowing the Father to participate in the children’s extracurricular activities to be as agreed between the parents in writing but, failing agreement, on Wednesday; and
(c)At any other time as agreed between the parents in writing.
6.That, after a period of eight (8) weeks of the children spending time with the Father in accordance with Order 5 above, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for four (4) hours from 10:00am to 2:00pm with such time to take place in a public place; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement, on Wednesday; and
(c)At any other time as agreed between the parents in writing.
7.That, after a period of eight (8) weeks of the children spending time with the Father in accordance with Order 6 above, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for six (6) hours from 10:00am to 4:00pm with such time to take place in public; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday day for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement on Wednesday; and
(c)At any other time as agreed between the parents in writing.
8.That, after a period of eight (8) weeks of the children spending time with the Father in accordance with Order 7 above and continuing, the children spend unsupervised time with the Father each fortnight as follows:
(a)In Week 1 on Saturday for eight (8) hours from 10:00am to 6:00pm; and
(b)In Week 2 from 4:00pm to 7:00pm on a weekday day for the purpose of allowing the Father to participate in the children’s extracurricular activities as agreed between the parents in writing but, failing agreement on Wednesday; and
(c)At any other time as agreed between the parents in writing.
9.That, when the Father is spending time with the Children in accordance with Orders 6 (a) and 7 (a) above, he advise the Mother in writing of the location/s he will spending time with the children no less than 24 hours prior to time commencing.’
10.That the Father shall pay the full cost of supervised care provided by [B Contact Centre], and if a parent requests that a supervisory report be prepared, the requesting parent shall pay for the cost of the report.
11.That, the Mother shall provide one or both children with a mobile phone which the children can use to communicate with the Mother during their time with the Father and:
(a)The Father shall ensure that one or both of the children have access to that mobile phone at all times; and
(b)The Father shall facilitate the children contacting the Mother if, at any time, they express a wish to do so; and
(c)The Father shall facilitate the children returning to the Mother's care should they express a wish to do so.
Parenting Course
12.That both parents shall, as soon as practicable, do all things necessary to attend a course aimed at caring for adolescent children such as [C Program] or [Z Course] and each parent shall provide the other with proof of completion of such course once done.
Changeovers
13.That any changeovers that do not occur pursuant to professionally supervised time shall occur via the [B Contact Centre] Supervised Changeover Program and in the event [B Contact Centre] is unable to facilitate the changeovers, then at [Suburb D] McDonalds or as otherwise agreed between the parents in writing.
14.That in the event the Father is more than 30 minutes late to any changeover of the children into his care, the Mother be permitted to leave the changeover location with the children and the time with the Father is cancelled and forfeit.
Special Occasions
15.That, after the commencement of time set out in Order 8 above and in the event that the children are not already spending time with the Father, the Mother’s time with the children is suspended and the children spend time with the Father on the following Special Occasions;
(a)On Father’s Day from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing;
(b)For each of the children’s Birthdays, on the first Saturday immediately following the child’s birthday, from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing.
(c)For the Father’s Birthday, on the first Saturday immediately following his birthday from 2:00pm to 7:00pm or at times as otherwise agreed between the parents in writing,
16.That, after the commencement of time set out in Order 8 above and in the event the children are not already spending time with the Mother, the Father’s time with the children is suspended and the children spend time with the Mother on the following Special Occasions;
(a)On each of the children’s Birthdays on the Saturday immediately following the child’s birthday from 9:00am to 2:00pm or at times as otherwise agreed between the parents in writing.
(b)On the Mother’s Birthday on the Saturday immediately following her birthday from 9:00pm to 2:00pm or at times as otherwise agreed between the parents in writing.
17.That, on each of the children’s birthdays, the parent with whom the child is not spending time shall be permitted to contact the child by telephone or Facetime with the Facetime or telephone call to commence between 6:00pm and 6:30pm and for the purpose of this Order, the parent who is not spending time with the child shall initiate the call and the parent with care of the child at that time shall accept the call and make the child available.
18.In the event that the children are not spending time with a parent on the parents’ respective birthday, the other parent shall arrange for the child to communicate with the parent having the birthday by telephone or Facetime with the telephone or Facetime call to commence between 6:00pm and 6:30pm on the other parent’s birthday.
School Holidays
19.Commencing in 2024 during the Term 1, Term 2 and Term 3 gazetted school holidays, the children shall spend time with the parents as agreed in writing but, failing agreement, the following Orders shall apply:
(a)In even-numbered years, the children shall spend time with the Father for no less than three days from 9:00am to 7:00pm on each of the three days during Week 1 on days to be agreed between the parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 1 and at all other times with the Mother;
(b)In odd-numbered years, the children shall spend time with the Father for no less than three days from 9:00am to 7:00pm on each of the three days during Week 2 on days to be agreed between the parents in writing, but failing agreement on Monday, Wednesday and Thursday during Week 2 and at all other times with the Mother.
20.That, commencing in 2023-24 during the Christmas/New Year Holiday period, the children shall spend time with the Father as agreed in writing, but failing agreement the following Orders shall apply:
(a)In even-numbered years, the children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm on each of the three days during Weeks 1, 3 and 5 on days to be agreed between the parents in writing, but failing agreement on Wednesday, Friday and Saturday; and
(b)In odd-numbered years, the children shall spend time with the Father for no less than three days a week from 9:00am to 7:00pm on each of the three days during Weeks 2, 4 and 6 on days to be agreed between the parents in writing but, failing agreement, on Wednesday, Friday and Saturday.
21.That the Father spend time with the children on Christmas Day from 9:00am to 5:00pm in even-numbered years.
22.That the Father spend time with the children on Christmas Eve from 4:00pm to 8:00pm in odd-numbered years.
Communication
23.That, unless otherwise agreed between the parties in writing and unless the children are already spending time with the Father, the children shall communicate with the Father by telephone and/or Facetime every Monday, Wednesday and Friday with the telephone or Facetime communication to commence between 6:00pm and 6:30pm and for the purpose of this Order, the Father shall initiate the call to the Mother and the Mother will accept such calls and make the children available.
AND IT IS NOTED that the above Order 23 is not intended to mean that the telephone or Facetime communication should occur for a period of thirty (30) minutes.
24.That, if the children indicate to the Mother that they wish to communicate with the Father by telephone or Facetime at other times outside the times contained in Order 23 above, the Mother shall advise the Father in writing to confirm he is available to accept such a call and will facilitate such communications by initiating the call to the Father and by making the children available.
25.That, if the children choose to contact the Father by telephone or Facetime in accordance with their wishes and without coordinating with the Mother, the Father is able to answer such Facetime or telephone communication at the time, or if unavailable, communicate with the children within 24 hours and the Father shall advise the Mother in writing prior to the communication and the Mother will make the children available.
26.That, each parent shall keep the other informed at all times of their contact phone number and email address and shall notify the other parent in respect to any change of such contact details within 48 hours or as soon as practicable to do so.
27.That, each parent shall advise the other parent in writing of any change to their residential address within 21 days of any change to it.
Communication with the Children’s School
28.That, each parent is hereby authorised to obtain from the children’s school all notices, letters, school reports and other information that a parent would ordinarily be entitled to receive, and school photographs at the requesting parent’s cost.
29.That the Father is hereby authorised to attend parent-teacher interviews, assemblies, concerts, performances, award ceremonies or other school or sporting activities to which parents are invited or would ordinarily subject to:
(a)The Father not being in attendance at the same time as the Mother;
(b)The Father notifying the Mother in writing of his intention to attend school at least seven (7) days prior to the event and the Mother confirming whether she will be attending or
(c)The Father shall notify the school in writing of his intention to attend school and he will abide by all directions communicated by the school in relation to his attendance.
30.That each parent is permitted to provide a copy of these Orders to the children’s school/s.
31.That both parents shall communicate with each other about the children as follows:
(a)in writing using the Our Family Wizard software, utilising the ToneMeter function to ensure no messages are sent with statements flagged by ToneMeter.
(b)In the case of an emergency, as soon as possible via text; and
(c)In the case of any medical emergency, serious injury or serious illness the parent with the care of the children shall authorise treating health professionals to communicate with the other parent about the condition and treatment of the children.
Travel
32.Should either parent wish to apply for a passport for either child, the parent wishing to apply for the passport shall provide to the other parent, the passport application for that parent’s signature and that parent shall, within 14 days, do all acts and things necessary to sign the application and return the signed application form to the requesting parent and facilitate the issuing of the Passport.
33.That the parents shall equally share the costs of the children’s passport application/s and/or renewal applications.
34.That the child’s passport, once issued, shall remain in the possession of the Mother.
35.That, pursuant to section 65Y of the Family Law Act 1975, the Mother is permitted to travel with the children outside the Commonwealth of Australia or permit the children to travel outside of the Commonwealth of Australia.
36.That, for the purpose of Order 35 above, if the Mother wishes to take the children overseas or permit the children to travel overseas she shall:
(a)provide to the Father in writing, the details of the proposed itinerary and period of such travel no less than 60 days prior to the planned departure date, unless in case of an emergency such as the death or serious illness of an immediate family member with the Mother providing evidence of the need for the emergency travel provided to the Father at the time of seeking to make those arrangements and before the arrangements are made;
(b)provide the Father no less than 21 days prior to travel, copies of return travel tickets, full street address of where the Children will be staying and contact information including a mobile or landline telephone number and email address; and
(c)ensure that the children have adequate travel insurance cover for accidents, illness, medical care and lost luggage at least 21 days prior to travel and is to provide the Father with a copy of such travel insurance.
37.That, for the period the children are overseas, the Father is permitted to have some reasonable means of communication with the children and the Mother shall facilitate this request on a schedule to be agreed between the parents prior to travel.
38.That the Mother is not to travel with the children or permit the children to travel to any destination that has a Level 3 or greater traveller alert issued by the Australian Department of Foreign Affairs and Trade (or equivalent department as it may be known at the time of travel) at the time of travel or to a non-Hague Convention country except with the express written consent of the Father.
Restraints
39.That each parent is restrained from making critical, derogatory or denigrating remarks in relation to the other parent or members of that parent’s family to or in the presence of the children and each parent shall do all things necessary to ensure that no third party makes critical, derogatory or denigrating remarks in relation to the other parent, or members of that parent’s family, to or in the presence of the children.
40.That each parent shall ensure that the children are not exposed to family violence during any times that the children are living with or spending time with that parent.
41.That each parent is restrained from discussing family law matters or adult issues with the children or allowing any third party to do in the presence of the children.
Father’s Mental Health
42.That the Father shall continue to engage with his current treating psychologist and/or psychiatrist in the manner recommended by each of those treatment providers.
43.That the Father shall provide each of his current treating psychologist and/or psychiatrist copies of the following documents:
(a)The reports of [Dr E] dated 5 March 2021 and 23 March 2023;
(b)The report of [Dr F] dated 12 January 2022;
(c)The Family Report of [Ms G] dated 26 July 2023;
(d)The joint report of Drs [E] and [F] dated 25 July 2023; and
(e)A copy of the final orders and any reasons for decision.
Dr F’s Report

From Dr F’s typically detailed Report of 12^th January 2022, I note the following (emphasis in original).[2]
[2] This Report became Exhibit 1.
49.I asked [Ms Cygnis] to list the concerns she has had for [Mr Cygnis’] behaviour that raised concerns for her about his mental health and she offered the following:
•‘The amount of time he would spend ranting and he couldn’t be interrupted’,
•[Mr Cygnis’] aggression,
•Pacing,
•[Mr Cygnis] allegedly ‘looked like he was in a trance’ at times, especially when engaged in a rant about an issue,
•[Mr Cygnis’] inability to recognise the impact of his actions on his family around him when he was triggered to such conduct,
•[Mr Cygnis] reportedly sending emails to supervisors and clients in his previous workplace, referring to them in derogatory terms and suggesting that they were bullying him,
•Spending excessive periods of time engaged with forums online,
•Disengaging from his family members,
•A lack of involvement with his children, and
•Distractibility.
In addition to the above, [Ms Cygnis] stated that [Mr Cygnis] has expressed delusional thought content over the years in relation to:
•[Australian politics];
•Trade unions;
•Police, and
•The LGBTQIA community.
…
51.With respect to [Mr Cygnis’] alleged acts of aggression during the marriage, [Ms Cygnis] referred to:
•Verbal tirades,
•Throwing objects,
•Slamming things,
•Pushing past [Ms Cygnis],
•Driving erratically and aggressively,
•Making threats to others online,
•Writing threatening and abusive letters to Government officials,
•Suggesting that he has a ‘right’ to ‘execute’ others.
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53.In addition to the aforementioned alleged physical aggression, [Ms Cygnis] also claimed that [Mr Cygnis] was sexually abusive towards her throughout the union. She described [Mr Cygnis] being ‘fixated’ on having sex with her at specific times and if [Ms Cygnis] was resistant to this, she claimed that he would force himself on her sexually. This included forcibly restraining [Ms Cygnis] at times and [Ms Cygnis] stated that she was often tearful and visibly upset during such encounters, which would apparently go ignored by her husband. [Ms Cygnis] identified that [Mr Cygnis] raped her many times during their relationship and whenever she raised this with [Mr Cygnis], he would apparently refer to his ‘right’ to have sex with her whenever he wanted as they were married.
…
56.[Ms Cygnis] explained that her relationship with [Mr Cygnis] deteriorated during late 2018, which she believes was associated with a worsening of his mental health. The “final straw” for [Ms Cygnis] came when she opened a letter outlining a substantial and long-standing tax debt. [Ms Cygnis] apparently confronted [Mr Cygnis] about this, who explained that he was the victim of a Government conspiracy, in addition to allegedly blaming [Ms Cygnis] for the debt. It was at this point that [Ms Cygnis] decided to end the union.
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76.According to [Ms Cygnis], [Mr Cygnis] does not participate actively in any responsibilities as a parent. For example, she reportedly communicates with him after every medical appointment but he does not respond, nor does [Mr Cygnis] attend parent-teacher meetings or engage with the school via the app on which she has encouraged him to register. [Mr Cygnis] also apparently refused to contribute financially, although he apparently does so now but otherwise, [Ms Cygnis] claimed that [Mr Cygnis] leaves all the responsibilities of parenting to her.
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79.[Ms Cygnis] identified that [Mr Cygnis’]relationship with the children is very important and she claimed that this is the primary motivation in her continued Family Court application, which she believes is in the children’s best interests. As such, [Ms Cygnis] stated that she will ‘fully support’ [Mr Cygnis’] relationship with the children and to this end, she claimed to ‘cover’ for [Mr Cygnis] with the children, she reportedly encourages his involvement with [X] and [Y], in addition to supporting the paternal family’s involvement with the children. To this end, [Ms Cygnis] stated that ‘they are not my children, they are our children, they love him and want a relationship with him and I will support this’. However, [Ms Cygnis] added that this relationship needs to be safe for the children, in addition to which she does not want any relationship with [Mr Cygnis] to have an adverse influence on the children’s mental health. [Ms Cygnis] commented that the children are ‘too little to have to manage their dad’s mental health by themselves’.
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80.[Ms Cygnis] told me that she had prepared the children for the assessment with me by telling them that I am someone who helps in ‘tricky family situations’. She had apparently researched me online and showed the children what she found, including my photo and discussing my professional biography with them. In addition, [Ms Cygnis] stated that she told the children just to answer any questions I asked of them. Further, [Ms Cygnis] stated that she does not talk to the children much about the situation with their father. However, she claimed to have told the children that [Mr Cygnis] ‘is not making safe, kind choices’ and so the children need other adults in their lives to help keep them safe.
81.[Ms Cygnis] stated that a Family Violence Order remains in force protecting her from [Mr Cygnis] and this apparently expires in [early] 2022. [Ms Cygnis] claimed that [Mr Cygnis] has not been involved in any ‘major breaches’ of this Order but she did report a number of instances of what she conceptualised as more minor breaches. For example, she claimed that [Mr Cygnis] has tried to speak to her by telephone before or he has approached her car. [Ms Cygnis] commented that when [Mr Cygnis] is in ‘an emotive state’, he cannot seem to remember the conditions of the Family Violence Order, nor does he consider his actions to any great extent or the consequences of his behaviour for himself or others.
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89.Interpersonally, [Mr Cygnis’] responses to the test items of the PAI suggest that she is other-focussed to an extent that she may be considered naïve or gullible. To this end, [Ms Cygnis] seems to have a strong need to be liked by others and this will make it difficult for her to be assertive or display anger in relationships, for fear of rejection. As such, [Ms Cygnis] may tend to be dependent in her close connections with others, as well as being prone to being easily taken advantage of. Further to this, [Ms Cygnis] endorsed having a large and supportive network of people in her life, which is a positive prognostic indicator.
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100.[Mr Cygnis’] manner was somewhat odd and I note that his account was highly detailed in some areas, whilst [Mr Cygnis] seemingly struggled to respond to questions in other areas (for example relationships). I formed the view that this is consistent with his ASD diagnosis, which will be discussed further below. It is also noted that in responding to questions, [Mr Cygnis] appeared to take repeated opportunities to malign [Ms Cygnis]. Overall, his account was confusing and contradictory and [Mr Cygnis] often did not answer the question asked of him or he needed repeated prompting to do so.
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117.When asked to describe himself socially, [Mr Cygnis] offered that he is ‘more intro/extro’, by which he explained that he can be shy and have difficulties relating to others socially but with people he knows well or with family members, he is comfortable and can be quite extraverted. [Mr Cygnis] stated that he does have friends in his life and he stated that some of these relationships have persisted over the long term. However, [Mr Cygnis] also claimed that friends have moved in and out of his life depending on his circumstances as well.
118.After marrying [Ms Cygnis], [Mr Cygnis] stated that he invested more in the couple’s mutual friendships. However, he claimed that none of these people has contacted him since the separation. Consequently, [Mr Cygnis] described feeling somewhat lonely and isolated at the present time, even though he claimed to be used to having to make new friendships, in addition to stating that there are people in his life on whom he is able to rely for support.
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125.With respect to the symptoms of ADHD that [Mr Cygnis] has experienced, he identified the following:
•Difficulties with cognitive organisation,
•Poor concentration.
[Mr Cygnis] denied any of the other hallmark symptoms of this condition, such as hyperactivity and restlessness. Comment: This would suggest to me that Attention Deficit Disorder, Inattentive type is a more likely diagnosis than ADHD.
126.In terms of ASD symptomatology, [Mr Cygnis] told me that he tends to ‘hyperfocus’, which he explained means he can become fixated or obsessively focused on something he is interested in to the extent that he will be ‘oblivious to everything else’. [Mr Cygnis] stated that he can focus on something for hours, during which time, he can lose track of time generally, in addition to which [Mr Cygnis] offered that he can become irritated if others distract him or disconnect his focus. [Mr Cygnis] was unsure of any other symptoms of ASD that he has suffered but on specific questioning, he reported to struggle at times to understand social cues. Further to this, [Mr Cygnis] described being an ‘odd person’, who has always felt different to others and whose mannerisms are ‘not normal’. Moreover, he claimed to have difficulties maintaining eye contact and responding in communication in a timely manner. He does however, feel confident in being able to read others’ emotions.
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129.[Mr Cygnis] denied a history of auditory hallucinations per se but he did report occasions when he can hear a high pitched tone. [Mr Cygnis] struggles to identify whether this tone is real apparently and will, at times, check alarms or other such devices to ensure they are not emitting the sound. [Mr Cygnis] also described being overly sensitive to electrical currents, which he claimed he read in a book is a ‘fairly common’ sign of ASD. Comment: I have not heard this before and although this may be something he has read, it is important to note that such phenomena are not diagnostic or included in the diagnostic nomenclature related to ASD.
130.With respect to other possible symptoms of psychosis or thought disorder, [Mr Cygnis] denied any history of magical thinking, derealisation, depersonalisation or ideas of reference. He also denied any experience of delusional thinking however, when questioned more specifically, [Mr Cygnis] stated that he does have some firm views, although he does not believe that these are ‘extreme’ and rather, that [Ms Cygnis] has ‘extrapolated things’ and ‘made it 100 times worse’. [Mr Cygnis] stated that he is ‘entitled to hold views and discuss them’. He claimed that he is ‘entitled’ to be opposed to same sex marriage but [Mr Cygnis] denied ever making threats to kill anyone or to suggest that homosexuals would infiltrate schools and abuse students. [Mr Cygnis] acknowledged being in possession of an old [weapon], which was allegedly his father’s originally and he claimed to carry this as ‘a symbol of working hard’ as a connection with his family values.
131.When asked about his engagement with social media, [Mr Cygnis] normalised this and suggested that his behaviour online is the ‘same as everyone else’. He acknowledged being banned from [social media] before but claimed that most people have. [Mr Cygnis] stated that the people he was engaged in a debate with online who disagreed with his views, ‘kept flagging’ him so an ‘automated algorithm’ banned him.
132.[Mr Cygnis] claimed that [news] is as important to him as it is to anyone however, he has no interest engaging actively on a [harmful] level apparently. [Mr Cygnis] denied ever making comments that it would appropriate to kill someone however, he did acknowledge questioning the leadership at the time of an election, as a result of which [Mr Cygnis] claimed to have been targeted with death threats online. He also made comment about being targeted by a ‘[government] movement’ as a result of his views, in addition to suggesting that [Ms Cygnis] had been ‘counselled’ by people in her workplace by ‘people that way slanted’ to ‘attack’ him. With respect to any evidence [Ms Cygnis] had for these claims, he made reference to his [social medial] settings being reset without his knowledge and his account also being hacked by others. [Ms Cygnis] also claimed that threats made towards him by others online were subsequently deleted so he had no capacity to make a complaint or take any action.
133.In response to specific questioning, [Mr Cygnis] also acknowledged that he can rant and rave for hours about something but he denied that this is ever with any malintent or aggression. Rather, [Mr Cygnis] attributed this to the hyperfocus that considers characteristic of his ASD.
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135.In addition to his treatment with [Mr K], [Mr Cygnis] offered that he has been assessed by psychiatrists, [Dr E] and [Dr L]. [Mr Cygnis] claimed that these assessments were motivated by the fact that both his General Practitioner and [Mr K] allegedly expressed concerns that [Ms Cygnis] would ‘use these allegations to get at’ him in Family Court and therefore, his case would be bolstered by seeing a psychiatrist and not just a psychologist. [Mr Cygnis] told me that he had one session with [Dr L], which was ‘great’ but [Dr L] did not offer any diagnosis for him. [Mr Cygnis] then saw [Dr E] and he stated that this occurred after [Ms Cygnis] ‘tried to destroy ([Mr K]’s) reputation’ because he did not agree with her and [Mr Cygnis] believes that [Ms Cygnis] wanted him medicated. [Mr Cygnis] added that he believes [Ms Cygnis] ‘wants (him) in the least capable position to look after the kids’. [Mr Cygnis] understands that [Dr E] agreed with [Mr K]’s assessment of him but suggested the level of ASD severity should be lessened.
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147.[Mr Cygnis] demonstrated a sound understanding of the role and responsibilities of parenthood, including demonstrating insight into the range of needs that children present with. Like his parents, [Mr Cygnis] acknowledged that he has used mild corporal punishment as discipline, although he apparently only did so with [X], as [Y] was ‘too young’ at the time he was living in the family unit. [Mr Cygnis] stated that he needed to smack [X] on only a small number of occasions because both children ‘adored’ him and therefore, his ‘disapproval’ tended to be enough to intervene in any misbehaviour. In response to specific questioning, [Mr Cygnis] also told me that there is no specific religious framework for the use of corporal punishment. He stated that the bible indicates that parents should smack their children but that this should be done ‘in a loving manner’.
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151.Position in relation to the current Court matter - According to [Mr Cygnis], the Family Court did not become involved until about 18 months after the union between the parties ended. [Mr Cygnis] claimed that prior to this, [Ms Cygnis] controlled the time he spent with the children and she was apparently inconsistent in her expectations of him in achieving this. She also denied him extra time with the children when he asked for this. [Mr Cygnis] also claimed that [Ms Cygnis] took his entire salary during this period and would only allow him $80 per week for living expenses. Even so, [Mr Cygnis] stated that he never sought legal advice, although he did apparently try to initiate counselling/mediation with [Ms Cygnis] but she reportedly refused to participate.
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154.[Mr Cygnis] acknowledged that about 18 months ago, the Court granted him four hour blocks of time with the children but he only takes two hours. [Mr Cygnis] then told me that [Ms Cygnis] has lied to the children’s school about the Court Orders, as well as actively attempting to ‘separate’ him from anyone who ‘could stand up for (his) side’. [Mr Cygnis] also reported that the Court ordered that his time with the children be supervised. He claimed to have been unaware that he was being supervised before this. Comment: I find this unlikely as one of his sisters was reportedly present at every visit that occurred at his parents’ house. [Mr Cygnis] added that [Ms Cygnis] made the situation so ‘awful’ for his sisters that they refused to be present for any more visits, which forced the need for professional supervision. Comment: [Ms Cygnis’] account suggested that [Mr Cygnis’] sisters had to discontinue supervision due to their own personal commitments and routine. [Mr Cygnis] then told me that he does not take the full entitlement of his time with the children because [B Contact Centre] cannot facilitate the necessary hours and he cannot afford to pay for additional supervision time with another service. [Mr Cygnis] referred to this a ‘horrible abuse financially’ by [Ms Cygnis].
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156.Ideally, [Mr Cygnis] reported that he would like ‘fair access’ to the children that is ‘not controlled’ in any way by [Ms Cygnis]. He claimed that it is ‘disgusting’ the way he is being treated. [Mr Cygnis] added that he would like ‘the most time possible’ and in as natural a manner a possible, which includes having no supervision. [Mr Cygnis] then stated that he would like a shared care arrangement, even though he claimed that this would not be feasible given he works on a full time basis and therefore, could not manage to be flexible enough to cope with the children’s routine, such as attending school pick ups.
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160.I also asked [Mr Cygnis] about [Ms Cygnis’] allegations of sexual abuse at his hands during their marriage. [Mr Cygnis] told me that [Ms Cygnis] has completely fabricated these claims and that doing this is a ‘normal allegation for women to make in Family Court because it forces the game to be against the man’, which he stated is ‘part of the feminists’.
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182.When I asked [X] to describe his mother, he told that he dislikes when people yell and he ‘appreciate(s)’ that his mother does not yell much. In addition to being ‘nice’, [X] also commented that his mother ‘handles’ his sister well when [Y] is in a bad mood. [X] stated that there is nothing he dislikes about his mother.
183.With respect to his comment about disliking people yelling, [X] offered that when [Mr Cygnis] used to live with the family, he remembers hearing his father yell of a nighttime, which ‘freaked (him) out’. [X] also commented that he felt ‘threatened’ by his father’s yelling sometimes. In particular, [X] recalled two salient incidents. He reported that on one occasion, he was sitting at the dinner table, when [Mr Cygnis] was ‘getting bad’ and his father allegedly ‘threatened to hurt’ [X] with an [object]. [X] said he was a Year 1 student at the time and he felt ‘very scared’. [X] did not want to discuss the other incident in his memory with me. Comment: I do not know why [X] was unwilling to discuss this incident with me and I do not know the incident he was referring to.
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185.[X] reported that [Mr Cygnis] does not live with the family anymore, which he claimed is because his father was ‘not safe’ and suffers with a ‘mental illness’. [X] commented that it is a good thing that [Mr Cygnis] is not living with the family anymore because he is now ‘safe’ and no longer has to feel ‘scared’ but he conceded that he does miss his father. [X] told me that he spends two hours with [Mr Cygnis] each fortnight but he also claimed that at times, this period is shorter because his father is late.
186.[X] told me that he did feel unsafe living with his father at times, although there were also fun times apparently. In terms of when things felt unsafe for [X], he referred to his father ‘shouting and screaming at us’ and ‘threatening to do stuff’. However, [X] also noted that [Mr Cygnis] often worked long hours and therefore, he did not see him too often. As such, [X] claimed that [Ms Cygnis] was the parent who was most available and most involved with the children and their routines and care needs.
187.[X] stated that his father is ‘never scary’ when he visits with him at [B Contact Centre] and he does not know why this is. However, [X] told me that the visits are ‘perfect’ and he suggested that perhaps this is because [Mr Cygnis] is aware that he is being supervised and therefore, ‘wants to be good’. [X] added that he very much likes to visit with his father and in particular, he likes to play games with [Mr Cygnis]. X also reflected that he does not get to see his father often and he would like to see him more if possible. Specifically, [X] identified that he would like to see his father on a weekly basis for perhaps three to four hours. [X] also noted that he would like to see his father’s house and spend time there, perhaps on an overnight basis.
188.[X] reported that he and his father share similar interests, like building [games] and playing online games. He also likes that his father knows how to play games he likes. With respect to anything he dislikes about his father, [X] referred to [Mr Cygnis] being unsafe previously. Further, [X] commented that he has ‘some trauma stuff’, which he blames his father for. For example, [X] again commented that he does not like being around yelling, which makes him feel afraid. He described feeling physiological and cognitive symptoms of anxiety at these times, which [X] stated are ‘annoying’. He told me that he talks to his psychologist about this, which he finds helpful.
189.[X] summarised in stating that he would like to remain living with his mother but he would like to see his father more often.
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197.[Y] described how [Mr Cygnis] likes ‘gaming’, in addition to which he likes to play with the children, as well as knowing what they did at school. [Y] told me that she made something for her father for Father’s Day and he liked it. She also spoke about how [Mr Cygnis] plays with her when he spends time with the children at [B Contact Centre]. [Y] does not dislike anything about her father apparently.
198.[Y] stated that [Mr Cygnis] does not live with them as a family unit because he ‘has mental health and is not being safe’. She added that [Mr Cygnis] now has his own house to live in, which she commented is ‘good’. She claimed that she would like to see her father’s house but [Y] is unsure whether she would want to stay in this house. I asked [Y] what she meant about her father not being safe and she explained that she is the ‘second born so I don’t remember much but he would say I’ll smack your bottom until it’s blue or red or whatever’.
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200.[Y] told me that her mother informed her that [Mr Cygnis] ‘blamed everything on mummy’ and she is also aware that [X] becomes upset sometimes because he remembers more than she does about their father. As such, [Y] described how [X] ‘gets into pieces and we have to put the pieces back together so he’s fine’. [Y] added that her mother knows how to put [X]’s pieces back together.
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230.In response to other allegations made by [Ms Cygnis] in relation to his expressed beliefs, in the aforementioned Affidavit, [Mr Cygnis] offers the following:
I do have strong political and religious beliefs which I have in the past expressed to other people I work with and on social media. Unfortunately, I concede that I have entered into debates that have led to arguments where I have become emotional about it and angry.
Following my diagnosis of Autism and ADHD relatively late in life … I appreciate that I possibly became entrenched in arguments as a result of my condition. If I understood my mental diagnosis and potential triggers I would have been able to avoid situations on social media. Counselling every week and month has helped me to identified (sic) situations were (sic) my Autism and ADHD may be triggered are (sic) where I can take appropriate steps to remove myself from a situation and clam myself through deep breathing and other techniques provided by counselling.
Comment: This is not reflected in [Mr K]’s report as outlined above.
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Opinion/Summary:
251.[Mr Cygnis] and [Ms Cygnis] were involved in a relationship that spanned over a decade and resulted in the birth of two children, now aged six and ten years. The relationship between the parties broke down during 2019 and the children have remained in the care of their mother, whilst they have supervised and weekly contact with their father. It seems there is little doubt that [Ms Cygnis] has been the children’s primary caregiver and attachment figure throughout their lives. [Ms Cygnis] has applied to the Court in order to protect the children from risk she perceives their father poses to them on the basis of his uncontrolled and as yet inadequately diagnosed mental health condition and she is seeking to have the primary residence remain with her, with sole parental responsibility. [Mr Cygnis] makes counter-allegations about [Ms Cygnis’] ill mental health and abusive behaviour and although he ideally would like shared care of the children, he claims that this is not realistic for him and therefore, he would like to spend as much time with the children as possible, whilst sharing the parenting responsibility with his ex-wife.
252.The accounts of the relationship between the parties differs between Mr. and [Ms Cygnis]. [Ms Cygnis] reported that she had concerns about [Mr Cygnis’] mental health and behaviour from early into their dating relationship and that these concerns worsened over time to the extent that she ultimately made the decision to leave the marriage. [Ms Cygnis] claimed that [Mr Cygnis] was physically, verbally, psychologically and sexually abusive to her throughout the marriage, which she contextualised as a function of his mental health concerns. [Mr Cygnis] suggested that whilst [Ms Cygnis] was a loving wife and their relationship was happy, [Ms Cygnis] was also physically, psychologically and verbally abusive towards him during the relationship and after the union ended, as well as being deceitful, manipulative and duplicitous. Many of the parties’ claims are in fact almost identical but seek to place blame with the other for the abusive behaviour. There is now no workable relationship or effective communication between the parties and although [Ms Cygnis’] account was rather balanced and ultimately, supportive of [Mr Cygnis], [Ms Cygnis’] account was suggestive of a high level of anger and resentment towards [Ms Cygnis].
253.[Ms Cygnis] reported to have had a reasonably stable upbringing, although the relationship between her parents did not continue and she was exposed to some domestic violence between her mother and stepfather. Even so, she reported to have made the developmental transition with relative ease and she continues to enjoy the support of her family today. She was apparently a well-adjusted child and student, who achieved well at school and went on to tertiary study. [Ms Cygnis] has established a stable career [as a professional] and it is apparent that she has maintained independence, has participated productively in the community and is reportedly well supported by prosocial peers. Further to this, [Ms Cygnis] does not have a history of antisociality or substance abuse and despite some adjustment related emotional distress at times in her life associated with significant life stressors, she denied any notable mental health concerns or functional disturbance at any time.
254.[Mr Cygnis] also reported to have come from a stable and supportive family unit where he was not exposed to any abuse or neglect and his developmental needs were well catered for. [Mr Cygnis] was reportedly an intelligent child, who demonstrated some affective dysregulation as a child and who began to struggle more cognitively as he moved into adolescence. Specifically, [Mr Cygnis] reported to have struggled academically, with poor organisation and attention to detail and this continued into university, with [Mr Cygnis] ultimately failing his degree. Even so, [Mr Cygnis] has established a stable career [as a professional] and he has maintained gainful employment and productive living, although I note that there is a history of workplace difficulties for him, with [Mr Cygnis] claiming to have been bullied, harassed and treated unfairly by others. There is also no history of criminality or substance abuse for [Mr Cygnis] but his mental health is of concern.
255.As noted, [Ms Cygnis] reported to have had concerns about [Ms Cygnis’] mental health for years. She observed his rigid thinking and obsessive focus and over time, suggested that [Ms Cygnis’] thinking became obsessional, fixed, bizarre and likely delusional. According to [Ms Cygnis], these concerns impacted on [Mr Cygnis’] behaviour, such that he was unavailable at times to his family, he was aggressive, he would rant and rave for hours, he would make threats to others, including his family, he would have difficulties in the workplace and he engaged with social media online in an obsessive and unhealthy manner. There is some support for her claims given the account of [Mr Cygnis’] sister, the documentation provided to me from his previous employer and the reports of [Mr Cygnis] being banned from [social media]. I also note [X]’s account of [Mr Cygnis] yelling and being aggressive, including threatening him with [an object] allegedly on one occasion.
256.Some years after his General Practitioner also expressed concerns about [Mr Cygnis’] mental health, he consulted with clinical psychologist [Mr K], who subsequently diagnosed [Mr Cygnis] with ADHD and ASD and these diagnoses have been since supported by psychiatrist, [Dr E]. [Mr Cygnis] believes these diagnoses are apt and help explain his functioning. However, it is noted that the only real symptom of ADHD that [Mr Cygnis] complains of is poor cognitive organisation, whilst the primary ASD related concern is of rigid, obsessional hyperfocus. [Mr Cygnis] did report some mild challenges socially as well however, he did not endorse any of the other hallmark symptoms of either ADHD or ASD. I also note that if [Mr Cygnis] suffers from ADHD, he would likely have experienced difficulties academically from early on in school and it is unusual he did not report this, although it may have been that once the work became more complex in secondary school, he started to struggle more. It seems evident that cognitively, [Mr Cygnis] is prone to hyperfocus and to poor organisation and whilst there is an apparent history of affective and behavioural dysregulation, as well as some impulsivity dating back to early childhood, I am not convinced that [Mr Cygnis] suffers with either ADHD or ASD. Certainly, if he does have an Attention Deficit condition, I would suggest that this is of the Inattentive Type rather being related to hyperactivity, which is the more classic presentaton. Further, if ASD is an accurate diagnosis, I agree with the opinion of [Dr E] that considers [Mr Cygnis’] condition to be mild, without serious functional impairment.
257.[Ms Cygnis] expressed concerns about possible delusional thought patterns for [Mr Cygnis], which he denies. However, he did report holding some fixed views, in addition to which some of the comments he made to me at interview could also suggest possible delusional or paranoid ideation (for example, [Ms Cygnis’] claim that [Ms Cygnis] may have been manipulated by a group in Government to end their marriage and treat him poorly). Further, [Mr Cygnis] did endorse some auditory hallucinations and if the examples of his social media posts contained in Affidavits are accurate, then he has expressed views in the past that are concerning and suggest possible delusions.
258.In addition to the above, with specific questioning at interview, [Mr Cygnis] endorsed experiencing some likely manic or hypomanic symptoms at times. I am unclear from the reports of [Dr E] and [Mr K] whether possible manic episodes were explored with [Mr Cygnis] on assessment. Taking into account the information available to me, I propose the differential diagnosis of [a mental illness] for [Mr Cygnis]. This condition is characterised by alternating periods of mood disturbance and disordered thinking. It is unclear what is an accurate diagnosis for [Mr Cygnis] but I am doubtful about ADHD and ASD being appropriate, although [Mr Cygnis] does present with some features of these conditions. I am concerned however, that the behavioural and affective dysregulation and the concerning patterns in [Mr Cygnis’] thinking, in relation to which he seems to have little capacity for insight or self-management, represent another condition. I also note that there are indicia in this case of personality disordered traits for [Mr Cygnis], which include difficulties interpersonally, distorted beliefs about others and a tendency to dysregulation and impulsivity. However, these would not be of sufficient severity to warrant formal diagnosis in my opinion, although add to an understanding of the clinical picture.
259.Whatever the precise diagnosis for [Mr Cygnis] is, it is clear that he is someone who has been odd and had difficulties since early in life. These have caused him problems in relationships and in the workplace and of more relevance to the present matter, have also resulted in alleged aggressive, dysregulated and threatening behaviour. [Mr Cygnis] denies these claims but it seems that in addition to [Ms Cygnis’] account, there is some other evidence that lends weight to the claims that [Mr Cygnis] does have a history of concerning and seemingly aggressive/abusive/dysregulated behaviour.
260.The primary issues in this case pertain to the allegations of a) mental health concerns for both Mr. and [Ms Cygnis], b) aggressive and abusive behaviour by both parties and c) [Ms Cygnis’] reported efforts to alienate the children from their father and exclude [Mr Cygnis] having any responsibility or active involvement in the children’s lives. With respect to the former, for the reasons outlined above, I am of the opinion that [Mr Cygnis] suffers with a mental health condition, the precise nature of which is unclear but I favour [a mental health condition] with some traits associated with personality disorder, as well as neurocognitive difficulties. These concerns are enduring and have been present since early in life and have caused [Mr Cygnis] difficulties in various domains of functioning, both internal and external to the family. I note that he is not treated with any psychotropic medications, which I also find somewhat unusual given the diagnosis of ADHD with ongoing cognitive disorganisation. Further, [Mr Cygnis] has been engaged in a treatment programme with his psychologist for some years and although he describes this positively, in my view, the reported treatment plan does not align well with the diagnoses made by [Mr K]. Rather, [Mr K] outlines a programme of general psychological support, including a focus on self-regulation skills, psychological flexibility and cognitive challenging, which will be beneficial for [Mr Cygnis] but do not specifically address the symptomatic concerns common in either ADHD or ASD. Despite the aforementioned intervention, [Mr Cygnis’] views remain fixed and rigid and his opinion about [Ms Cygnis] and her behaviour is angry and resentful and I note that [Dr E] expressed concern about this in his report of some years ago. To this end, it does not appear that psychological treatment with [Mr K] has brought about substantial change in thinking, although it does seem that [Mr Cygnis’] capacity for affective self-regulation has improved. Even so, I note that he is no longer living in the stressful environment of a difficult marriage and the responsibilities of parenting so it remains unclear whether [Mr Cygnis] would again be prone to affective and behavioural dysregulation under conditions of stress, which I suspect will likely be the case given his past functioning.
261.[Mr Cygnis] alleges that [Ms Cygnis] suffers from ill mental health, citing prior Postnatal Depression following the trauma of [X]’s birth, in addition to a [mental health] condition. [Ms Cygnis] denied a history of serious mental health concerns, although she did endorse some situational related anxiety and low mood associated with significant life stressors and in relation to which she appears to have acted proactively through seeking psychological support. It is my assessment that there is no clear evidence that [Mr Cygnis’] account of [Ms Cygnis’] mental health is accurate. There is no documentation to support this, the children describe their mother as kind and well-regulated and [Ms Cygnis’] functioning in other domains outside of the marriage supports the picture of someone who is well-regulated, well-adjusted and stable with respect to their mental health and interpersonal functioning. As such, it is my opinion that whilst [Ms Cygnis] may have suffered with an Adjustment Disorder at times in her life associated with significant stressors, such as the breakdown of her marriage and the […] birth of her first child, such responses are normative, were not enduring and were not associated with any serious distress or functional impairment.
262.Similarly to the reasoning outlined above, it is my opinion that some weight should be placed on the accounts that [Mr Cygnis] has been prone to dysregulated, aggressive and at times, abusive behaviour towards others that has been frightening to [Ms Cygnis] and to [X], as well as causing [Mr Cygnis] difficulties in his relationships with his sisters and also in the workplace. I do not place much weight in [Mr Cygnis’] account of [Ms Cygnis] engaging in acts of aggression and abuse. It is also interesting that [Mr Cygnis] and [Ms Cygnis] provide accounts of the same incidents at times but these differ in who is identified as the responsible party. Where there are discrepancies, I favour [Ms Cygnis’] account as being more likely accurate.
263.As noted, [Mr Cygnis’] capacity for self-regulation has reportedly improved through psychological treatment but I suspect this is also likely a function of his not being in a high stress situation. It is my opinion that [Mr Cygnis] remains at risk for affective and behavioural dysregulation, which may also result in aggression, especially during periods of ill mental health and this will continue to present a risk to the children both psychologically and possibly physically.
264.Lastly, [Mr Cygnis] alleges that [Ms Cygnis] is working to alienate the children from him and discourage him from having any active involvement with or responsibility for the children. This assessment does not find convincing evidence for this allegation. Rather, [Ms Cygnis] provided a balanced account at interview and she expressed support for [Mr Cygnis] and his role in the children’s lives. The children’s accounts to me did not reveal any evidence of manipulation or alienation and it appears that [Ms Cygnis] has actively worked to create opportunities for [Mr Cygnis] to have contact with the children since the parties separated with the exception of one period after which [Mr Cygnis’] behaviour was reportedly inappropriate with the children on a visit supervised by his sister. Further to this, it would seem that [Ms Cygnis] has likely created opportunities for [Mr Cygnis] to be involved in sharing parental responsibility but he has not been forthcoming in this, including failing to contribute financially until ordered to do so by the Child Support Agency. However, it does appear that [Ms Cygnis] has influenced the children’s views about their father and his mental health, such that they both have a story about [Mr Cygnis] that he suffers with ill mental health and engages in behaviour that is unsafe. I am of the view that [Ms Cygnis] has sought to create a narrative for the children to understand what has happened with their family and with the time they spend with their father. She has seemingly tried to do this in an honest way but in a manner that the children can make sense of, so as not to create more distress for them about the loss of their father in the family unit, who they both clearly love. I do not consider this evidence of alienation but rather, skilled and supportive parenting.
265.In sum, it is my opinion that [Mr Cygnis] poses some risk to the children as a function of poor mental health and a proclivity to dysregulation. I also have concerns about his capacity to regulate in the presence of the children given his strong and fixed negative views about [Ms Cygnis]. I have no doubt that both parents in this case love their children and want the best for them, in addition to which both present with sound understanding of their role and responsibilities as a parent. However, [Ms Cygnis’] skills and capacity as a parent are more highly developed, which, no doubt, is at least in part a function of her greater experience in caring for the children. However, she is also the parent who is more capable of self-regulating and prioritising the children’s needs and experiences over her own. I also have concerns, as did [Dr E], about how [Mr Cygnis] will cope with the children as they age and become more independent, especially if their views and wishes differ from his own.
266.Both children in this matter present as dynamic and engaging. However, [X] has a reported history of anxiety that his psychologist believes is a function of trauma related to his father. Further to this, [Y] is a loud and somewhat dysregulated child, who apparently has a history of some aggression. As such, both children need responsive, attuned and capable parenting and it is my opinion that [Ms Cygnis] is more capable of this than [Mr Cygnis], in addition to which she is also the parent who is more willing to be flexible and accommodate the children’s needs. Both [X] and [Y] clearly love their father and enjoy the time with him and both children also told me that they would like to spend more time with [Mr Cygnis] but both also express a preference for remaining in their mother’s care, where they feel safe, supported and cared for.
Terms of Reference:
267.You requested that the following terms of reference be addressed specifically in this report:
•The nature of the relationship and emotional attachment between the children and each parent – The children appear to have a close and connected bond with both their mother and father and the observations I made indicate that the children enjoy the time with each of their parents and are responsive to both [Mr Cygnis] and [Ms Cygnis]. However, both children identify their mother as their primary source of support and the one they would turn to if they needed anything. They also express a preference for remaining in the care of their mother, who has been their primary caregiver and attachment figure.
•Whether, as a result of the assessments conducted, the Expert considers there are any matters that may give rise to any concerns that the children are at risk of physical or psychological or other harm or abuse, in the care of either parent – I have discussed this in some detail above. In sum, there are a range of concerns in this case that give rise to the potential for [X] and [Y] to be at risk psychologically and perhaps also physically in their father’s care. I do not consider [Ms Cygnis] to pose a risk to the children. I am mindful also of [Ms Cygnis’] allegations of [Mr Cygnis’] sexually abusive behaviour towards her during their marriage but this occurred within the context of an adult relationship and therefore, it seems unlikely that there is also tangible risk to the children sexually, although I acknowledge I did not assess this specifically, as I did not consider it relevant.
•Assess the relationship between the children and each parent – This has been discussed above.
•Each parent’s attitude towards the other and the likely effect of that attitude, if any, on the children, and the children’s relationship with the other parent – [Ms Cygnis’] account suggests that she maintains a balanced and generally supportive attitude towards her ex-husband. However, she has concerns for [Ms Cygnis’] mental health and the impact that this may have on the children and is therefore, seeking that any contact and relationship that the children may have with their father will be safe in order to protect the children. It is my opinion that [Ms Cygnis] is capable of facilitating and encouraging the children’s relationship with their father, as long as she considers it is safe to do so. [Mr Cygnis’] expressed attitude towards [Ms Cygnis] was angry and resentful and he took repeated opportunities throughout our interview to malign [Ms Cygnis] and speak in disparaging and critical ways. His views in this regard are fixed and highly negative and I understand that he has had difficulties regulating in the past, such that he has expressed his views about [Ms Cygnis] to others, including to or in front of the children. Based on his presentation and account to me, I am of the view that [Mr Cygnis] will struggle to support [Ms Cygnis] as his coparent and to regulate his behaviour so as not to speak disparagingly or critically of [Ms Cygnis] in front of the children.
•Each parent’s willingness and capacity to support the children’s relationship with the other parent and any other significant people – This has been addressed above with respect to both parents. However, it is also noted that [Ms Cygnis] expressed being supportive of the paternal family and their role in the children’s lives.
•The psychological health of each of the Mother or the Father and the impact of the same on each of the parent’s capacity to provide for the wellbeing of the children – I discussed this issue in some depth in my “Opinion” section. In sum, there is no convincing evidence that [Ms Cygnis] is suffering with or has suffered with any notable or destabilising mental health concerns, including the [mental] symptomatology that [Mr Cygnis] reports for [Ms Cygnis]. As such, there is no evidence of any limitation or concern in [Ms Cygnis’] mental health that would, in any tangible way, impact adversely on her capacity to care for the children appropriately. [Mr Cygnis], on the other hand, does present with mental health concerns, although the exact nature of these is somewhat unclear. It is however, evident that he has little insight into his mental health, in addition to which [Mr Cygnis] has seemingly struggled to regulate both affectively and behaviourally in the past. I would expect this would be a future risk as well and may expose the children to both psychological and behavioural risk/harm. I also note that [X] is already demonstrating signs of anxiety, which is understood to be a response to traumatic experiences relating to [Mr Cygnis].
•Each parent’s capacity to provide for the children’s physical, emotional, social, psychological and practical needs, now and in the future – [Ms Cygnis] is the more skilled, capable and experienced parent however, [Mr Cygnis] also presents with sound understanding of the responsibilities of parenthood. He has some insight into his children’s needs but is also less willing to prioritise the children’s needs over his own. For the reasons outlined above, I also have concerns about [Mr Cygnis’] capacity to provide for the children’s needs for emotional, psychological and physical safety, especially if his mental health is poor or as the children age and become more independent.
•Any wishes expressed by the children in relation to each of their parents, their living arrangements and any other factors which the Expert considers are relevant to the weight that ought to be given to those wishes, including:
oThe children’s respective age and maturity;
oThe degree of appreciation by the children of the factors involved in the issue before the Court and their longer term implication;
oThe strength and duration of the wishes;
oWhether or not the children’s wishes have been informed or influenced by any attitude, behaviour or conduct of either parent, or any other person in that child’s life – The children in this case are now aged six and ten years and both impress as eloquent and insightful children, especially [X]. The children both express love for their father and a desire to spend more time with [Mr Cygnis] and see his home but both [X] and [Y] also indicate that their preference is to remain living with their mother, with whom they feel safe. They have been provided a narrative by their mother to understand what has happened with their family and although this obviously makes reference to [Mr Cygnis] being unwell mentally, [Ms Cygnis’] story is, in my view, honest, child-focussed and appropriate for children of this age. Therefore, whilst [Ms Cygnis’] account has influenced the children, I do not consider this to be a function of any malintent on [Ms Cygnis’] behalf. Further, this narrative for the children has given them some, developmentally appropriate, appreciation of the issues relevant to the Court. For all these reasons, it is my view that some weight should be placed on the children’s wishes in considering any Order made by the Court.
•Any recommendations as to professional medical and/or therapeutic/medical intervention, if any, the parties or the children should engage in – This will be discussed further below, under the subheading “Recommendations”.
•Any other matter which the Expert considers to be significant to the Court’s determination about what Orders should be made in the best interests of the children and, any recommendations that the Expert may wish to make in relation to the Orders the Court should make – I will discuss my recommendations in this matter below. There are no additional matters that the Court should consider in my opinion that have not already been addressed in this report.
Recommendations:
268.Taking into account the significant range of information available to me in this case, including the interviews, assessments and testing with both parties, the interviews with the children, observation sessions, collateral sources of information and review of a substantial amount of documentation, I make the following recommendations as being in [X] and [Y]’s best interests:
•That the children’s primary residence should remain with [Ms Cygnis].
•That [Ms Cygnis] should hold primary parenting responsibility for the children.
•That [X] and [Y] continue to have regular time with their father. I would recommend that this time occur on a fortnightly basis for up to four hours, consistent with the current Orders. I am also of the view that based on [Ms Cygnis’] current functioning and insight, the time that he spends with the children should continue to be supervised. I do not believe however, that this needs to occur in a formal service setting, such as [B Contact Centre], but it may occur more organically in the community or perhaps in [Mr Cygnis’] home if an appropriate supervisor was available.
•That, in addition to the aforementioned visits, [Mr Cygnis] has telephone, or ideally video call, contact with the children up to three times in the week that he does not see them and twice in the week that he does.
•That [Mr Cygnis] should continue in psychological treatment, with [Mr K] if he prefers and I would recommend that a copy of this report be provided to [Mr K] to guide the intervention.
•That [Mr Cygnis] be assessed by a psychiatrist with a view to the suitability of psychotropic medication treatment. If this has not been considered before by either [Dr E] or [Dr L], I would recommend the differential diagnosis of [a mental illness] be addressed. Again, I expect it would be helpful for any assessing psychiatrist to have a copy of this report to provide some context.
•That the parties communicate with one another via the Family Wizard app in relation to the children and that [Ms Cygnis] ensures that [Mr Cygnis] has access to information about the children’s education, medical needs and other important issues.
•That [X] continues to access psychological therapy in order to assist him with his anxiety and that [Ms Cygnis] refers [Y] for assessment also in relation to her functioning and behaviour.
•That [Mr Cygnis] is able to have some involvement with the children’s school and activities as appropriate but that there should be limited contact between the parties at any such events.
•That consideration be given for facilitating time between the children and their father on significant dates, such as Christmas, Easter, birthdays and Father’s Day.
Dr E’s Report

I note the following outline of principle from a range of earlier judgments, which has been refined somewhat here.
In U v U, Gummow and Callinan JJ stated the perhaps obvious point that becoming a parent has implications for a person’s freedom to do as he or she wishes, including very often where he or she chooses to live. Being a parent necessarily imposes obligations and restrictions. Their Honours said, at [92]: [58]
… maternity and paternity always have an impact upon the wishes and mobility of parents; obligations both legal and moral, the latter sometimes lasting a lifetime, restrictive of personal choice and movement having been incurred.
[58] U v U (2002) 211 CLR 238.
In the same case, Hayne J said, at [176]:
… it must not be assumed that one parent (the father) cannot move and that the mother must, in every case, subordinate her ambitions and wishes, not to the needs of the child, but to the wishes of the father to pursue his life in a place of his choosing. It is the interests of the child which are paramount, not the interests or needs of the parents, let alone the interests of one of them.
In AMS v AIF, Kirby J simply observed that there is, in parenting cases that involve relocation, but which in my view apply more generally to almost all parenting matters, a “large element of judgment, discretion and intuition.”[59]
[59] AMS v AIF (1999) 199 CLR 160 at p.211 [150].
In the same case, Hayne J said (internal citations omitted; emphasis added):[60]
[204] The problems that family law legislation deals with are human problems: with all their attendant variety and complexity. And at the end of a court proceeding under such legislation, a judge must make an order - usually an order that says yes or no to some application. "[A] complicated mass of human experience has to be reduced to the simplest possible terms." Because the problems are human problems, because they are as varied and complicated as they are, the legislature speaks in terms more often found in statements of aspiration than legal prescription. It is, then, hardly surprising that the guiding principles prescribed by the legislation for application in cases concerning the guardianship or custody of children or related issues, are principles that seldom, if ever, permit syllogistic reasoning.
[205] Further, when considering the reasons given by a judge who has made an order in an application about the guardianship or custody of children, it is necessary to bear steadily in mind that the judge must grapple with the chaotic complexity of real life, make predictions not only of what he or she concludes may happen in future but also of what will be "best" for the child, and do so having regard to what the parties have chosen to contest or emphasise in the course of the hearing.
[60] AMS v AIF (1999) 199 CLR 160 at p.228 [204] & [205]. Of course, the comments by both Kirby & Hayne JJ were in a legislative context different to that which operates today. Accepting that qualification, respectfully, their Honour’s comments remain important.
In a number of respects, the concerns and observations that I have noted reflect the varied interplay of facts, circumstances, legal principle and discretion, which are the warp and woof of all trials. Such matters were more elegantly put by the High Court in the joint judgment of Gleeson CJ, Gummow and Kirby JJ in Fox v Percy, in the Court’s consideration of appellate intervention. Their Honours said (internal citations omitted):[61]
On the one hand, the appellate court is obliged to “give the judgment which in its opinion ought to have been given in the first instance.” On the other, it must, of necessity, observe the “natural limitations” that exist in the case of any appellate court proceeding wholly or substantially on the record. These limitations include the disadvantage that the appellate court has when compared with the trial judge in respect of the evaluation of witnesses' credibility and of the “feeling” of a case which an appellate court, reading the transcript, cannot always fully share. Furthermore, the appellate court does not typically get taken to, or read, all of the evidence taken at the trial. Commonly, the trial judge therefore has advantages that derive from the obligation at trial to receive and consider the entirety of the evidence and the opportunity, normally over a longer interval, to reflect upon that evidence and to draw conclusions from it, viewed as a whole.
[61] Fox v Percy (2003) 214 CLR 118 at pp.125-126 [23]. See also the extensive discussion by McHugh J in the same case at [65] – [93].
It is also important to set out now the jurisprudential framework or scaffold in Part VII of the Act to which the Court must have due regard.
In Mazorski v Albright, in the light of, and by reference to, relevant Full Court authority, Brown J conveniently set out an overview of principle in relation to Part VII of the Act. Respectfully and gratefully, I adopt Brown J’s comments:[62]
[3] The provisions in the Family Law Act 1975 (the Act) relating to children rest on twin pillars. The first is the importance to children of having a meaningful relationship with both parents; the second is the need to protect children from physical and psychological harm. These are stressed in s.60B(1) which sets out the objects of the legislation relating to children and are reiterated as the primary considerations in s.60CC(1).
[4] When deciding what parenting orders to make it is the best interests of the children which are the paramount consideration. In determining where those best interests lie, the Court must consider the primary and additional considerations set out in s.60CC.
[5] There is a presumption that it is in a child’s best interests for his or her parents to have equal shared parental responsibility for him or her (s.61DA). The presumption relates to the allocation of parental responsibility, not the time a child spends with each parent. The presumption does not apply if there are reasonable grounds to believe that a parent has engaged in abuse of the child or family violence. The presumption may be rebutted if the Court finds that it would not be in the best interests of the child for it to apply.
[6] If the presumption applies, and there is an order for equal shared parental responsibility, the court must consider whether spending equal time with each parent would be in the child’s best interests (s.65DAA(1)) and, if no such order is made, consider whether spending substantial and significant time with each would be in the child’s best interests (s.65DAA(2))
[62] (2007) 37 Fam LR 518 at [3] – [6]. Brown J’s comments were endorsed by Boland J (with whom May & O’Reilly JJ agreed) in Moose & Moose (2008) FLC ¶93-375 at [67] – [68].
Her Honour also made important observations about the term “meaningful”, as used in Part VII of the Act, in the context of what is comprehended by a “meaningful relationship.” At [20] – [26], her Honour outlined a range of considerations. I set them out below, and again respectfully (and gratefully) adopt Brown J’s observations:[63]
[63] Brown J’s remarks in this regard were endorsed by the Full Court in Moose & Moose (2008) FLC ¶93-375 at [69], and even more recently by a differently constituted Full Court in McCall & Clark (2009) 41 Fam LR 483 at [115] & [121]. More recently still, a further Full Court in Collu & Rinaldo [2010] FamCAFC 53 at [335], similarly endorsed Brown J’s remarks, as did the Full Court in Vontek v Vontek [2017] FamCAFC 28 at [26].
[20] The Family Law Amendment (Shared Parental Responsibility) Bill Revised Explanatory Memorandum (2006) refers to the concept of a meaningful relationship on a number of occasions. At para 52 it noted that the primary factors mirror the first two objects set out in the new s 60B and that the objects are elevated to primary considerations as they deal with important rights of children and encourage a child-focused approach. The paragraph continues:
The elevation of the object relating to the benefit to the child of having a meaningful relationship with both parents is consistent with the introduction of a presumption in favour of equal shared parental responsibility.
[21] Here, the concept of a meaningful relationship is closely tied with the introduction of the presumption of equal shared responsibility, and the passage links the concept of a meaningful relationship with the objects of the Division. The objects use the words “meaningful involvement”.
[22] At para 128, discussion of a meaningful relationship is again linked to discussion of the presumption of equal shared parental responsibility, the explanatory memorandum noting:
The government considers that it is important to ensure that a child has a meaningful relationship with both parents and that both parents participate in decisions about the child. The presumption of equal shared parental responsibility is not a presumption of 50:50 joint custody. The presumption relates solely to the decision making responsibilities of both parents. New section 65AA inserted by Item 31 is the provision dealing with the time a child spends with each parent and the circumstances where the court should consider equal time arrangements.
[23] When considering s 65DAA, the explanatory memorandum states (at [196]–[199]):
[196] Subsection 65DAA(2) recognises that an equal time arrangement will not be appropriate in some cases but that the court must consider other arrangements that promote a meaningful relationship. This provision places an obligation on the court in situations where there is equal shared parental responsibility and equal time is not appropriate, to consider whether it would be in the best interests of the child and reasonably practicable for the child to spend substantial and significant time with both parents. This is intended to ensure that in making parenting orders related to time that the court focuses not just on the substantial quantity of time that is spent with each parent, but also on the significant type of time. The note in this section emphasises that the best interests of the chid remain the paramount consideration for parenting orders. This is set out in s 60CA by item 9.
…
[199] Section 65DAA (2) — (4) is intended to ensure that the courts consider arrangements that are much more than “1 weekend a fortnight and half of the holidays” or an 80:20 arrangement. It is intended to ensure a focus both on the amount of time and the type of time. It would include both day time contact and night time contact. It recognises that what is important is that the focus be on ways that both parents are able to develop a meaningful relationships with their children and share important events including everyday time with the child. It recognises that in order to have a meaningful relationship and to share equal shared responsibility that this would generally involve “both” parents spending both substantial and significant time with their children.
[24] The New Shorter Oxford English Dictionary on Historical Principles, Clarendon Press, Oxford, 1993, defines “meaningful” as “full of meaning or expression; significant; amenable to interpretation; having a recognisable function in a language or sign system; able to function as a term in such a system”. “Meaning” is defined as “having intention or purpose; chiefly with a qualifying adverb (as well-meaning)”. A second definition is “conveying or expressing meaning or thought; expressive, meaningful, significant; suggestive”. These definitions are repeated and further fleshed out in the Oxford English Dictionary, 2nd ed, Clarendon Press, Oxford, 1989. It defines “meaning” (in generalised use) as “significance”. The examples provided take the matter no further.
[25] The Macquarie Dictionary, 4th ed, Macquarie University Press, Sydney, 2005, defines meaningful as “full of meaning; significant”. Within the definitions of meaning, the relevant one defines the word as “expressive or significant: a meaning look”.
[26] What these definitions convey is that “meaningful”, when used in the context of “meaningful relationship”, is synonymous with “significant” which, in turn, is generally used as a synonym for “important” or “of consequence”. I proceed on the basis that when considering the primary considerations and the application of the object and principles, a meaningful relationship or a meaningful involvement is one which is important, significant and valuable to the child. It is a qualitative adjective, not a strictly quantitive [sic] one. Quantitive [sic] concepts may be addressed as part of the process of considering the consequences of the application of the presumption of equally shared parental responsibility and the requirement for time with children to be, where possible and in their best interests, substantial and significant.
In addition to the above, I recall Kay J’s important observation in Godfrey v Sanders, at [36], admittedly in a different context to what is the situation in the present proceeding, where his Honour said (emphasis added):[64]
Even if the move results in a diminution of quality of the relationship, what the legislation aspires to promote is a meaningful relationship, not an optimal relationship.
[64] Godfrey v Sanders (2007) 208 FLR 287.
Similar comments were made by Dessau J in relation to a long-distance and meaningful relationship in M v S at [45] (emphasis added):[65]
I am conscious that a long-distance relationship, with longer but less frequent times spent together, is inevitably different from a relationship where people live closer together with regular face-to-face contact. But it does not itself mean it cannot be meaningful.
[65] M v S (2008) 37 Fam LR 32.
The comments by Kay J in Godfrey & Sanders, and by Dessau J in M v S, were cited with approval by the Full Court in McCall v Clark at [116].[66] Similarly, the Full Court in Sigley v Evor approvingly canvassed the same decisions, at [131] – [136] and again at [182] – [183].[67]
[66] McCall v Clark (2009) 41 Fam LR 483.
[67] Sigley v Evor (2011) 44 Fam LR 439.
Subject to what is said below, the repeated reference in the cases mentioned to the quality of a parent-child relationship is not relevantly dependent upon the quantity of the time spent between the two. Regrettably, the Father here seemed so often to be focussed at least as much, if not more so, upon ensuring the amount of time with the children rather than taking proper account of the quality of his relationship with them.
Further, I should note that in Sigley v Evor, at [136], the Full Court also commented as follows (emphasis added):[68]
We also observe that in Champness & Hanson (2009) FLC 93-407 the Full Court (Thackray, O’Ryan & Benjamin JJ) observed at [103]:
The submissions of counsel for the father also appeared at times to be based on an assumption that it was obligatory for the trial Judge to make the orders most likely to ensure the children had a “meaningful relationship” with both parents. This is an incorrect assumption. The Court’s obligation is to make the orders most likely to promote the child’s best interests. In seeking to achieve that objective, s 60CC(2)(a) directs the Court to consider “the benefit to the child” of having a meaningful relationship with both parents. Even if such a benefit is established, it must still be weighed along with all of the other relevant factors. (See Bennett J’s analysis in G & C [2006] FamCA 994.) (emphasis in original)
The Full Court also observed at [191]: “The first and very important observation we would make about this complaint is that the expression ‘meaningful relationship’ is a legal construct, not a psychological one. It is for the Court, not an expert, to determine what constitutes a ‘meaningful relationship’ ”.
[68] Sigley v Evor (2011) 44 Fam LR 439.
In addition to the principles already outlined, because of the unique and delicate issues in this matter, the following further principles should be noted.
First, in Bondelmonte v Bondelmonte, the High Court confirmed that as important as it is to have regard to a child’s views, they are but one of a range of considerations under part VII of the Act, nor is a Court bound to follow any such views.[69]
[69] Bondelmonte v Bondelmonte (2017) 259 CLR 662 at [34] – [35] and [43]. Of course, in considering a child’s views, the Court should also be mindful of potential consequences if Orders are made that are contrary to any expressed views of a child or children.
Secondly, it is also the case that issues of relevant “risk” can apply to situations that concern various kinds of pressure that are brought to bear on a child or children that does not otherwise constitute either physical or sexual abuse. Thus, In the Marriage of R, the Full Court said, at [177] – [179] (emphasis added):[70]
[177] For our part, we echo the view expressed by the trial judge of the serious nature of depriving the father of contact in circumstances where that appears to have been engineered by the mother, without any fault on the part of the father at all. This cannot be in a child's best interests.
[178] It also does not appear to us to be appropriate for a parent to be able to manipulate the family law system to such an extent that the other parent's hope of ever seeing the child again, rests upon the possibility that she may wish to seek him out in later adolescence or adulthood.
[179] We think that a Family Court would not be doing its duty if it were to simply give in to these sorts of considerations, except in the most extreme case and only then, when a positive determination is made that the welfare of the child requires it.
[70] In the Marriage of R (2002) 169 FLR 243; 29 Fam LR 230.
Issues and assessment of “risk” (not necessarily relating to any physical or sexual abuse) may be relevant to a parent’s general parenting capacity.[71] In the current matter, it is “parental capacity” that is a central issue. In this regard, it is useful to record comments, now of a little age, from the decision in Kress, where Goldstein J said, at 319:[72]
Given the overriding consideration of the welfare of the child, the court must consider the conduct of the parents, not with a view to rewarding one or punishing the other, but to ascertain from such conduct whether the welfare of the child will be better served in the custody of one or the other.
[71] Among other places, see the Full Court decision in Partington v Cade (No.2) (2009) 42 Fam LR 401 at [48] and [[56].
[72] In the Marriage of Kress (1976) 13 ALR 309.
This is very much the case here and the Court’s delicate task in the light of the discordant evidence of the parties, but which is to be considered in the light of the bountiful but not always uniform evidence from the panoply of experts. Speaking of which, I share the views of both Dr E and Dr F to the effect that (a) it is the conduct of the Father, rather than any particular diagnosis, which is central to matters here in making Orders that are in the best interests of the children, and (b) a further report from another treating psychiatrist is unlikely to advance anyone or anything in the circumstances here. This would be especially the case if the Mother ultimately did not like or accept the further Report from whatever expert might do a fifth report. In short, for these reasons, there will not be a further expert Report Ordered.
Consideration and disposition
Turning then to the somewhat infamous, but soon to be changed, legislative “pathway” or scaffold in Part VII of the Act, I note the following having regard to the sequential listing of considerations, whether or not they are specifically referred to.
I simply note again that the parties, in my view, showing insight for which the Father seems to have received little or no credit, have agreed that the children will continue to live with the Mother and that she will have sole parental responsibility. These Orders can, and will be, made by consent. She should consult with the Father in relation to major, long-term issues as proposed by the ICL.

Given X’s age, and Y’s also, some but not conclusive weight should be given to X’s views, particularly in him wishing to spend more time with the Father. I also accept the ICL’s submission regarding the Mother accepting in cross examination that, in the light of X’s age, he is more likely than not to be able to be self-protective. This would include X likely telling the Mother if anything genuinely untoward were to occur while he was with the Father.
There is no question that the Father loves the children and that they love him.
Again to repeat: it is more likely than not that the Mother’s own anxiety, to some degree, was more likely to impact upon the children and must be considered to be a matter for the Court to consider. Likewise, the Father’s capacity to become dysregulated, and his engagement (at times) with those who hold extreme views, are significant considerations, accepting that he confirms various steps he has taken to distance himself from such rigid thinking.
For a significant period of time, and certainly since separation, most if not all decisions regarding the children have been made by the Mother. Conversely, it follows that the Father has had little input into such decisions and has had little opportunity to do so.
Similarly, his capacity to engage with the children has been severely limited because of the supervision requirements at the contact centre.
Matters of any changes in the children’s circumstances, and practical difficulties as understood by s.60CC(3)(e), are not at the forefront of this matter.
Issues of “parental capacity” are at the top of the matters for consideration here, as noted above. Related issues in this regard are any relevant ‘risk” to the children from the Father. The strong majority of experts do not consider the Father to be any such risk. They further opine that such risk as there might be, can be dealt with by the Father continuing with professional, psychological support and a quite short, further period of supervision before it transitioning to unsupervised time. Dr E was adamant that no medication would assist the Father. The children likewise require the ongoing support of their own professional assistance.
There were various and competing claims by the parents regarding domestic violence, including sexual violence. Remarkably, as earlier noted, the Father was served overnight during the trial with an extension to a FVO that had been taken out by the Mother. This extended Order should have been notified to the Father and his lawyers beforehand. It was a very gauche way of proceeding in all of the circumstances and should not have occurred. Otherwise, the various contentions about family violence, of any sort, assists the Court not at all here.
In summary:
(a)The Father loves the children. The children love their Father and wish (X especially) to spend more time with him;
(b)The Father is an intelligent person. As noted multiple times already in these reasons, including by some of the experts, he knows that should anything untoward occur in his time with the children, which would almost certainly be reported back to the Mother, his time with the children would be swiftly curtailed and almost certainly return to being supervised;
(c)The Father’s mental health issues, while still the subject of some disagreement between some of the experts, are less of an issue (according to all the experts) than his actual behaviour. The Father’s own evidence is that he has taken steps, supported by his own professional support, to curtail his access to a number of potential “triggers”, predominantly from online sources. His own evidence is that he would never allow his previous dysregulation to impact the children, such as communicating to them any concerns or adverse comments about the Mother. Again, he knows that any such comments are very likely to find their way back to the Mother and her “response” would very likely be swift and severe, if history is any guide;
(d)The Mother’s general concern regarding the Father is understandable; however, her hyper-vigilance is generally not supported by the expert evidence before the Court. And her own anxiety needs to be restrained because of the risk of it being communicated to the children;
(e)There should be a progression in the Father’s time with the children as proposed by the ICL.
In addition to these reasons, I accept and adopt the submissions of the ICL. In my view, the Orders proposed by the ICL are in the children’s best interests. The Orders regarding sole parental responsibility and for the children to live with the Mother will be made by consent.

I certify that the preceding one hundred and thirty-five (135) numbered paragraphs are a true copy of the Reasons for Judgment of Judge W J Neville.
Associate:
Dated: 14 December 2023

File number(s):	CAC 2062 of 2020
Judgment of:	JUDGE W J NEVILLE
Date of judgment:	14 December 2023
Catchwords:	FAMILY LAW – Parenting – single issue parenting matter regarding the children’s time with the Father – where the Father has a range of mental health diagnoses, including Autism Spectrum Disorder (ASD) and Attention-Deficit/Hyperactivity Disorder (ADHD), as well as some dysregulation – the Father acknowledges a range of his issues and his hyper fixation on certain matters, including news and current affairs – the Father needs to regulate his social media usage in relation to these topics much more carefully – where the children love the Father and want to spend more time with him – whether the children’s time with the Father should increase and if so, if and when it should move to unsupervised time
Legislation:	Family Law Act 1975 (Cth) ss. 60CA, 60CC(3)(a) – (m)
Cases cited:	AMS v AIF (1999) 199 CLR 160 Bondelmonte v Bondelmonte (2017) 259 CLR 662 Collu & Rinaldo [2010] FamCAFC 53 Fox v Percy (2003) 214 CLR 118 Godfrey & Saunders (2007) 208 FLR 287 Goode v Goode (2006) 206 FLR 212; (2007) 36 Fam LR 422 In the Marriage of Kress (1976) 13 ALR 309 In the Marriage of R (2002) 169 FLR 243; 29 Fam LR 230 M v S (2008) 37 Fam LR 32 Mazorski v Albright (2007) 37 Fam LR 518 McCall v Clark (2009) 41 Fam LR 483 Moose & Moose (2008) FLC 93-375 Partington v Cade (No.2) (2009) 42 Fam LR 401 Sigley v Evor (2011) 44 Fam LR 439 U v U (2002) 211 CLR 238 Vontek v Vontek [2017] FamCAFC 28
Division:	Division 2 Family Law
Number of paragraphs:	135
Date of last submission/s:	28 August 2023
Date of hearing:	31 July – 2 August 2023
Place:	Canberra
Counsel for the Applicant	Ms M Meares
Solicitor for the Applicant	JS Family Lawyers
Counsel for the Respondent	Mr G Stagg
Solicitor for the Respondent	Goldbrook Family Law
Independent Children’s Lawyer	Legal Aid ACT

CAC 2062 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS CYGNIS Applicant
AND:	MR CYGNIS Respondent
INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE W J NEVILLE
DATE OF ORDER:	14 DECEMBER 2023