Danvers & Ragusa

Case [2024] FedCFamC2F 203


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Danvers & Ragusa [2024] FedCFamC2F 203

File number(s): ADC 1763 of 2023
Judgment of: JUDGE DICKSON
Date of judgment: 22 February 2024
Catchwords: FAMILY LAW – PARENTING – children aged seven and five years – final hearing on limited issues – hearing conducted ‘on the papers’ – where there are final consent orders resolving all issues save for those relating to the children’s attendance at sporting and extracurricular activities – consideration of Child Impact Report – consideration of best interests – section 68B injunctions – parties to attend mediation at a later date.
Legislation: Family Law Act 1975 (Cth) ss 60CA, 60CC, 68B.
Cases cited:

Bennett & Bennett [2001] FamCA 462

Dalby & Jemmet (No 2) [2023] FedCFamC2F 800

EJK & TSL [2006] FamCA 730

Goode & Goode (2006) FLC 93-286

Flanagan & Handcock [2000] FamCA 150

Hedlund & Hedlund [2021] FedCFamC1A 84

Division: Division 2 Family Law
Number of paragraphs: 101
Date of hearing: 24 January 2024
Place: Adelaide
Counsel for the Applicant: Mr Tredrea
Solicitor for the Applicant: Camatta Lempens Pty Ltd
Counsel for the Respondent: Ms Betro
Solicitor for the Respondent: Legal Services Commission of South Australia

ORDERS

ADC 1763 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR DANVERS

Applicant

AND:

MS RAGUSA

Respondent

ORDER MADE BY:

JUDGE DICKSON

DATE OF ORDER:

22 FEBRUARY 2024

UPON NOTING THAT:

A.The parties are to interact and communicate with each other in a polite and respectful manner if they are both attending at the said children’s sporting activities or extracurricular activities.

THE COURT ORDERS THAT:

1.The parties are at liberty to attend at the children’s extracurricular activities and sporting events including training and gradings that occur whilst the children X born in 2016 and Y born in 2018 (‘the children’) are in the care of the other parent.

2.The parties are restrained and injunctions are granted restraining each of them from enrolling the children in any sport or extra-curricular activity unless such activity is agreed between the parties in writing.

3.The father is at liberty:

(a)to volunteer for and coach at any school-based sports and extracurricular activities;

(b)to attend all school-based trainings/practices or games whether the father is actively involved with the team by way of coach, manager, trainer, volunteer or otherwise; and

(c)to attend at the child X’s sports trainings, gradings and matches ON CONDITION that the father provides the mother with no less than forty-eight (48) hours prior notice via the Parenting App that he intends to do.

4.The mother shall forthwith respond to the father’s prior notice as set out in paragraph 3(c) herein to advise him if the child X will not be attending her sports trainings, gradings or matches.

5.The mother is at liberty to attend at any of the children’s sports and extracurricular activities with an agent or an agent attending on her behalf should she elect to do so.

6.As and from February 2026 the parties shall attend a…

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Danvers & Ragusa [2024] FedCFamC2F 203
Case
[2024] FedCFamC2F 203
Decision Date

CaseChat Overview and Summary

In the matter of Mr Danvers and Ms Ragusa, the Federal Circuit and Family Court of Australia (Division 2) presided over a final hearing on limited issues concerning the children aged seven and five years. The proceedings were conducted on the papers, with consent orders already in place resolving all issues except for those relating to the children's attendance at sporting and extracurricular activities. The primary legal issues the court needed to decide involved determining the best interests of the children regarding their participation in such activities, including the conditions under which each parent could attend these events and the process for enrolling the children in these activities.

The court's reasoning was based on a comprehensive consideration of the Child Impact Report and the statutory obligation under section 68B to make orders that it considers appropriate to protect a child from harm. The court ordered that both parents could attend the children's extracurricular activities and sporting events during the time the children were in the care of the other parent, but enrolment in any new activities required prior written agreement. The father was permitted to volunteer and coach at school-based activities, attend practices and games, and attend child X's sports events with a 48-hour notice requirement to the mother. The mother could attend events with an agent if she chose to do so. Furthermore, the court mandated that the parties attend mediation in February 2026 to discuss varying or discharging the enrolment restrictions.

The court's final orders included provisions for polite communication between the parents at events, specific conditions for attending and enrolling in activities, and a requirement for mediation in 2026. All other applications were dismissed as finalised, and each party was to bear their own costs.

Orders

Orders of the court

ADC 1763 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR DANVERS

Applicant

AND:

MS RAGUSA

Respondent

ORDER MADE BY:

JUDGE DICKSON

DATE OF ORDER:

22 FEBRUARY 2024

UPON NOTING THAT:

A. The parties are to interact and communicate with each other in a polite and respectful manner if they are both attending at the said children’s sporting activities or extracurricular activities.

THE COURT ORDERS THAT:

1. The parties are at liberty to attend at the children’s extracurricular activities and sporting events including training and gradings that occur whilst the children X born in 2016 and Y born in 2018 (‘the children’) are in the care of the other parent.

2. The parties are restrained and injunctions are granted restraining each of them from enrolling the children in any sport or extra-curricular activity unless such activity is agreed between the parties in writing.

3. The father is at liberty:

(a) to volunteer for and coach at any school-based sports and extracurricular activities;

(b) to attend all school-based trainings/practices or games whether the father is actively involved with the team by way of coach, manager, trainer, volunteer or otherwise; and

(c) to attend at the child X’s sports trainings, gradings and matches ON CONDITION that the father provides the mother with no less than forty-eight (48) hours prior notice via the Parenting App that he intends to do.

4. The mother shall forthwith respond to the father’s prior notice as set out in paragraph 3(c) herein to advise him if the child X will not be attending her sports trainings, gradings or matches.

5. The mother is at liberty to attend at any of the children’s sports and extracurricular activities with an agent or an agent attending on her behalf should she elect to do so.

6. As and from February 2026 the parties shall attend a mediation with such private mediator or community-based organisation as the parties agree, for the purpose of discussing a variation or discharge of the order set out in paragraph 2 herein.

7. All extant applications are dismissed as finalised.

8. Each party do bear their own costs of and incidental to these proceedings.

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

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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