FEDERAL CIRCUIT COURT OF AUSTRALIA
| DAEGER & DAEGER (No.2) | [2020] FCCA 2500 |
| Catchwords: FAMILY LAW – Interim parenting – further application where each parent makes serious allegations about risk of harm to the children from the other parent – where mother relocates but not to interfere with father’s time with the children – where father seeks to re-agitate issues previously raised – where supervised contact ordered – transfer to the Family Court of Australia at Sydney. |
| Legislation: Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA |
| Cases cited: Daeger & Daeger [2019] FCCA 3929 |
| Applicant: | MS DAEGER |
| Respondent: | MR DAEGER |
| Proposed Intervenors: | MS A & MS D |
| File Number: | WOC 484 of 2019 |
| Judgment of: | Judge Altobelli |
| Hearing date: | 20 August 2020 |
| Date of Last Submission: | 20 August 2020 |
| Delivered at: | Wollongong |
| Delivered on: | 11 September 2020 |
REPRESENTATION
| Solicitors for the Applicant: | Caldwell Martin & Cox |
| Counsel for the Respondent: | Mr Macpherson |
| Solicitors for the Respondent: | Shiels Legal |
| The proposed Intervenors appeared by teleconference |
| Solicitors for the Independent Children's Lawyer: | Phillip A Wilkins & Associates |
ORDERS
The Application in a Case filed by Ms A and Ms D on 14 August 2020 be dismissed.
The Application in a Case filed by the Father on 12 February 2020 be dismissed.
The Application in a Case filed by the Father on 20 May 2020 be dismissed.
The children X (born 2007) and Y (born 2010) (‘the children’) are to spend time with the Father for no less than two hours each alternate weekend, with such time to be supervised by C Family Centre’s supervised children’s contact service located in Town B at such times as nominated by C Family Centre.
To facilitate Order 4 above, the Mother and the Father are each to:
(a)Contact C Family Centre at Town B Town Bwithin 48 hours of the making of these Orders and make an application for C Family Centre 's supervised children’s contact service;
(b)Provide all information and complete all necessary paperwork as may be requested by C Family Centre;
(c)Attend any intake or assessment appointments as may be requested by C Family Centre on such days and times as nominated by C Family Centre;
(d)Complete any such courses as required by C Family Centre; and
(e)Comply with any other reasonable request or direction of C Family Centre for the purpose of implementing these Orders.
To facilitate Order 4 above, the Mother is to:
(a)Ensure that the children attend any intake or assessment appointments as requested by C Family Centre on such days and times as nominated by C Family Centre (including on school days); and
(b)Ensure that the children attend on each occasion that the children are scheduled to spend supervised time with the Father as nominated by C Family Centre.
These Orders operate as the authorisation of both parents to C Family Centre to provide any Independent Children's Lawyer that has been…
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- AGLC
- Daeger and Daeger (No.2) [2020] FCCA 2500
- Case
- [2020] FCCA 2500
- Decision Date
CaseChat Overview and Summary
The court was required to determine the interim parenting arrangements for the children, specifically addressing the serious allegations of harm and the father's renewed applications. It also had to consider the implications of the mother's relocation and the existing supervised contact arrangements.
Judge Altobelli reasoned that given the serious allegations and the need for a controlled environment for the children's time with the father, supervised contact was necessary. The court applied principles relating to the paramountcy of the children's welfare and the need to ensure their safety. The court dismissed applications made by both the mother and the father.
The final orders stipulated that the children would spend time with the father for no less than two hours each alternate weekend, with this contact to be supervised by C Family Centre in Town B. Both parents were ordered to cooperate fully with the C Family Centre to facilitate these arrangements, including attending assessments and completing any required courses. The mother was specifically directed to ensure the children's attendance at all scheduled contact sessions. The proceedings were subsequently transferred to the Family Court of Australia at Sydney for further directions.
Orders
Orders of the court
1.
The Application in a Case filed by Ms A and Ms D on 14 August 2020 be dismissed.
2.
The Application in a Case filed by the Father on 12 February 2020 be dismissed.
3.
The Application in a Case filed by the Father on 20 May 2020 be dismissed.
4.
The children X (born 2007) and Y (born 2010) (‘the children’) are to spend time with the Father for no less than two hours each alternate weekend, with such time to be supervised by C Family Centre’s supervised children’s contact service located in Town B at such times as nominated by C Family Centre.
5.
To facilitate Order 4 above, the Mother and the Father are each to:
(a) Contact C Family Centre at Town B Town Bwithin 48 hours of the making of these Orders and make an application for C Family Centre 's supervised children’s contact service;
(b) Provide all information and complete all necessary paperwork as may be requested by C Family Centre;
(c) Attend any intake or assessment appointments as may be requested by C Family Centre on such days and times as nominated by C Family Centre;
(d) Complete any such courses as required by C Family Centre; and
(e) Comply with any other reasonable request or direction of C Family Centre for the purpose of implementing these Orders.
6.
To facilitate Order 4 above, the Mother is to:
(a) Ensure that the children attend any intake or assessment appointments as requested by C Family Centre on such days and times as nominated by C Family Centre (including on school days); and
(b) Ensure that the children attend on each occasion that the children are scheduled to spend supervised time with the Father as nominated by C Family Centre.
7.
These Orders operate as the authorisation of both parents to C Family Centre to provide any Independent Children's Lawyer that has been or may be appointed in these proceedings with any information about the parents’ engagement with their supervised contact service or the progress of supervised time that the Independent Children’s Lawyer may require.
8.
The proceedings are transferred to the Family Court of Australia at Sydney to be listed for Directions before a Registrar on a date to be fixed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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