FAMILY COURT OF AUSTRALIA
| DANIEL & FULTON | [2018] FamCA 39 |
| FAMILY LAW – CHILDREN – Where final parenting orders were made in October 2016 – Where both parties apply for those final orders to be discharged and different orders be made – Where the Independent Children’s Lawyer seeks that both applications be dismissed as the parameters of the dispute appear to be a replica of what was in dispute at the final hearing and should not be traversed again – Where the threshold test in Rice & Asplund (1979) FLC 90-725 needs to be satisfied before either parties’ application can be entertained – Where the father points to behaviours by the mother which emanate from her genuine belief that the child has been sexually abused and is at risk of future sexual abuse at the hands of the father – Where the rule in Rice & Asplund is a manifestation of the best interests principle and the fundamental question is whether or not it is in the child’s best interests to embark upon another final parenting hearing – Where nothing raised by either party demonstrates a significant change in the circumstances explored in the earlier final hearing that would lead to the conclusion that it was in the child’s best interests to embark upon another parenting hearing. |
| Family Law Act 1975 (Cth) |
| CDW v LVE [2015] WASCA 247 Marsden v Winch (2009) 42 Fam LR 1 Rice & Asplund (1979) FLC 90-725 SPS and PLS (2008) FLC 93-363 Walter & Walter [2016] FamCAFC 56 |
| APPLICANT: | Mr Daniel |
| RESPONDENT: | Ms Fulton |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Luke |
| FILE NUMBER: | WOC | 780 | of | 2017 |
| DATE DELIVERED: | 2 February 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 18 December 2017 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Aboriginal Legal Service |
| SOLICITOR FOR THE RESPONDENT: | Litigant in person |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Lukes Law |
Orders
The father’s Application filed 20 July 2017 is dismissed.
The mother’s Response filed 13 October 2017 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Daniel & Fulton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: WOC 780 of 2017
| Mr Daniel |
Applicant
And
| Ms Fulton |
Respondent
REASONS FOR JUDGMENT
A final hearing for parenting orders in relation to the parties’ child, B (“the child”), born in 2011 aged six was held between 7 March 2016 and 11 March 2016. There was an additional hearing on 12 October 2016 when the mother retained the child…
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- AGLC
- Daniel and Fulton [2018] FamCA 39
- Case
- [2018] FamCA 39
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the determination of the applications made by each parent. The court was required to adjudicate on the merits of the father's application filed on 20 July 2017 and the mother's response filed on 13 October 2017.
Watts J dismissed both the father's application and the mother's response. The reasoning behind this dismissal is not elaborated upon in the provided extract. The court's final orders reflect this dismissal of both parties' respective applications.
Orders
Orders of the court
1.
The father’s Application filed 20 July 2017 is dismissed.
2.
The mother’s Response filed 13 October 2017 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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