Darcy and Cameroon (No 9)

[2010] FamCA 1102

FAMILY COURT OF AUSTRALIA

DARCY & CAMEROON (NO. 9) [2010] FamCA 1102

FAMILY LAW – CHILDREN – BEST INTERESTS – Child 12½ years – Litigation concerning her spanning nearly 10 years – Meaningful relationship with parents – Child afraid of father harming her – Whether unacceptable risk of father harming child inconclusive on the evidence – Difficulty of assessing benefit to child of relationship with father if child genuinely afraid of father – Mother holds genuine belief of risk of harm to child in father’s care – Mother has unresolved childhood issues – Expert evidence that mother’s unresolved childhood issues “spill over to and contaminate the child and her development” –– Father departed for overseas “for a while” or “indefinitely” 2 weeks prior to trial – Father not at trial nor represented – Procedural fairness observed – Mother’s case proceeded on undefended basis – Order made for mother to have sole parental responsibility but with provisos concerning any proposed relocation by mother of child and other matters – Order made for child to live with mother conditioned upon mother attending Mental Health Services for cognitive behavioural therapy or other therapy and arranging for child to attend at Child & Adolescent Mental Health Services for assessment whether child has obsessive compulsive disorder and for support therapy –  In relation to child spending time with father several matters considered –  Lengthy history of litigation – Failure of prior final orders – Strong need to make order least likely to lead to further proceedings – In all of the circumstances no specific order made for child to spend time with or communicate with father however orders made for mother to use best endeavours to facilitate such – Orders relating to child spending time with paternal grandfather and/or paternal grandmother in Scotland – Father’s case by response considered but dismissed – Independent children’s lawyer not discharged for 12 months to assist mother in relation to her and child’s attendance at MHS and CAMHS respectively and notify Director-General, Department of Families SA if mother or child not attending – Observations made that as utility of Court proceedings now exhausted the matter in the future is a welfare matter for the Director-General – Other orders made as to specific matters

Family Law Act 1975 (Cth) s60B, 60CA, s60CC, s65DA, s65DAA

A & A (1998) FLC 92-800
Aldridge & Keaton [2009] FamCAFC 229
Bookhurst & Bookhurst [2010] FamCAFC 26
F & F [2005] FamCA 534
G & C [2006] FamCA 994
Jacks & Samson [2008] FamCAFC 173
McCall & Clark (2009) FLC 93-405
Marsden & Winch [2009] FamCAFC 152
Mazorski & Albright [2007] 37 FamLR 518
Miller & Harrington (2008) FLC 98-383
Rice and Asplund (1979) FLC 90-725
Russell & Close [1993] FamCA 62

APPLICANT: Ms Darcy

RESPONDENT: Mr Cameroon

FILE NUMBER: ADC 928 of 2007

DATE DELIVERED: 6 December 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Adelaide

JUDGMENT OF: O'Reilly J

HEARING DATE: 4, 5, 8, 9, 10 and 11 November  2010

REPRESENTATION

THE APPLICANT: In person