FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Dansey & Dansey (No 6) [2024] FedCFamC1F 165
File number(s): SYC 3614 of 2021 Judgment of: ALTOBELLI J Date of judgment: 19 March 2024 Catchwords: FAMILY LAW – Interim parenting – Where final orders were made in December 2023 – Significant change in circumstances – Where the final orders are clearly not working for the subject children – Where the older child is self-presenting to the police station – It is ordered that time be suspended between the children and the mother for a fixed period. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 68L, 69ZW Cases cited: Acheson & Begbie [2023] FedCFamC1A 240
Dickens & Dickens [2016] FamCA 11
Franklyn & Franklyn [2019] FamCAFC 256
Goode & Goode (2006) FLC 93-286; [2006] FamCA 1346
Horner & Horner [2018] FamCA 487
Marsden & Winch (2009) 42 FamLR 1; [2009] FamCAFC 152
MRR v GR (2010) 240 CLR 461; [2010] HCA 4
Rice & Asplund (1979) FLC 90-725; [1978] FamCA 84
SPS & PLS (2008) FLC 93-363; [2008] FamCAFC 16
Walter & Walter [2016] FamCAFC 56
Division: Division 1 First Instance Number of paragraphs: 97 Date of hearing: 7 March 2024 Place: Sydney Counsel for the Applicant: Ms Vohra SC Solicitor for the Applicant: Pearson Emerson Lawyers The Respondent: Litigant in person Solicitor for the Independent Children's Lawyer: G & D Lawyers ORDERS
SYC 3614 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR DANSEY
Applicant
AND: MS DANSEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
19 MARCH 2024
THE COURT ORDERS THAT:
1.Orders 6, 7, 13, 14, and 22 made on 13 December 2023 be suspended until 14 August 2024.
2.The children are to live with the applicant father (“the father”) and spend no time with the respondent mother (“the mother”) until 14 August 2024.
3.From 7 April 2024, the father shall facilitate a five-minute telephone or video call with each child (ten minutes in total) and the mother once weekly on Sundays between 6.00 pm and 7.00 pm or at any other times as may be agreed between the parties.
4.The father’s Fourth Amended Initiating Application filed 5 March 2024 is listed for mention on 25 June 2024 at 9.00 am.
5.The Independent Children’s Lawyer has leave to relist the matter on seven days’ notice.
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…
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- AGLC
- Dansey & Dansey (No 6) [2024] FedCFamC1F 165
- Case
- [2024] FedCFamC1F 165
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the significant change in circumstances justified further interim orders and, if so, what those orders should be. The court had to consider the evidence and arguments from both parties and determine whether the final orders were not working for the children and whether there was a need to suspend time between the children and the mother for a fixed period. The court also had to consider the welfare and best interests of the children in making its decision.
In reaching its decision, the court considered the evidence and arguments from both parties and the welfare and best interests of the children. The court found that the final orders were not working for the children, and that the older child had self-presented to the police station, indicating that the current arrangements were not suitable. The court was satisfied that the father had a genuine concern for the welfare of the children and that the mother's mental health issues and allegations of sexual abuse against the father were not substantiated. The court found that suspending time between the children and the mother for a fixed period was necessary to allow the children to rebuild their relationship with the father and to address the concerns about the current arrangements. The court made orders suspending the final orders until 14 August 2024, during which time the children would live with the father and have no contact with the mother. The father was also ordered to facilitate weekly telephone or video calls between the children and the mother.
The court made orders suspending the final orders until 14 August 2024, during which time the children would live with the father and have no contact with the mother. The father was ordered to facilitate weekly telephone or video calls between the children and the mother, starting from 7 April 2024. The father’s application for further orders was listed for mention on 25 June 2024, and the Independent Children’s Lawyer was granted leave to relist the matter on seven days’ notice.
Orders
Orders of the court
SYC 3614 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR DANSEY
Applicant
AND:
MS DANSEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
19 MARCH 2024
THE COURT ORDERS THAT:
1. Orders 6, 7, 13, 14, and 22 made on 13 December 2023 be suspended until 14 August 2024.
2. The children are to live with the applicant father (“the father”) and spend no time with the respondent mother (“the mother”) until 14 August 2024.
3. From 7 April 2024, the father shall facilitate a five-minute telephone or video call with each child (ten minutes in total) and the mother once weekly on Sundays between 6.00 pm and 7.00 pm or at any other times as may be agreed between the parties.
4. The father’s Fourth Amended Initiating Application filed 5 March 2024 is listed for mention on 25 June 2024 at 9.00 am.
5. The Independent Children’s Lawyer has leave to relist the matter on seven days’ notice.
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.
Background
Background to the litigation
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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