Darcy & Cameroon (No. 2)

[2008] FamCA 540

FAMILY COURT OF AUSTRALIA

DARCY & CAMEROON (NO. 2) [2008] FamCA 540

FAMILY LAW – CHILDREN – application by mother seeking enforcement of orders – orders to effect that Independent Children’s Lawyer to help parties arrange for mother to have supervised visits with child at Children’s Contact Service – high level of conflict between parties – issue resolved – parties agree on appropriate venue – mother to spend supervised time with child at a Children’s Contact Service – father restrained from attending – independent third person to deliver and collect child.

FAMILY LAW – PRACTICE AND PROCEDURE – Independent Children’s lawyer to obtain report from Children’s Contact Service.

Family Law Act 1975 (Cth) s 60CA

APPLICANT: MS DARCY

RESPONDENT: MR CAMEROON

INDEPENDENT CHILDREN’S LAWYER: J RICHARD CROFT

FILE NUMBER: ADC 928 of 2007

DATE DELIVERED: 14 JULY 2008

PLACE DELIVERED: ADELAIDE

PLACE HEARD: ADELAIDE

EX TEMPORE REASONS OF: BURR J

HEARING DATE: 14 JULY 2008

REPRESENTATION

FOR THE APPLICANT: Mother in person

COUNSEL FOR THE RESPONDENT: Mr Joseph Bowler

SOLICITOR FOR THE RESPONDENT: Ian Charman & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Mark Boehm

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: J Richard Croft

Orders

1. That within forty-eight [48] hours the parties do all such things, sign all such documents and pay all such fees as are necessary to enrol at the Campbelltown Children’s Contact Service (“Campbelltown CCS”) situated Campbelltown.

2. That the parties attend at their separate nominated times for interview at the Campbelltown CCS, with such interviews to occur next week.

3. That the mother spend time with …(“the child”) born … July 1998 for such periods of time and with such regularity as can be offered by the Campbelltown CCS UPON CONDITION that all such periods of time are supervised at all times Campbelltown CCS.

4. That the father do arrange for somebody other than himself to deliver the child to Campbelltown CCS at the commencement of each period and to collect the child therefrom at the conclusion of each period UPON NOTING that it is the father’s intention to ask his friend Ms S and in the event that Ms S is unwilling or unable to undertake that role, then it is to be undertaken by another person nominated by the father and approved by the Independent Children’s Lawyer.

5. That the father is restrained and an injunction is hereby granted restraining him from attending at the Campbelltown CCS or from remaining within a radius of 2 kilometres of the Campbelltown CCS premises during the occasions of supervised time that the child spends with the mother.

6. That following upon the sixth [6^th] occasion of supervised time spent by the mother with the child, the Independent Children’s Lawyer do secure, file and serve upon the parties, if at all possible prior to the Directions hearing on 14 October 2008, a report from Campbelltown CCS of all supervised visits attended by the mother and the child.

7. That within fourteen [14] days of the date hereof the Independent Children’s Lawyer attend to the matters required of him pursuant to paragraph 14 of the Orders made herein on 29 February 2008 and do forthwith thereafter inform the parties of the determination reached by him.

8. That further consideration of the proceedings be adjourned for Directions before Registrar Paxton at 11.30 am on Tuesday 14 October 2008.

IT IS NOTED that publication of this judgment under the pseudonym Darcy & Cameroon is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 928  of 2007

MS DARCY

Applicant

And

MR CAMEROON

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. I have before me the mother’s Application in a Case filed on 26 May 2008 (being document 42 on the Court file) in which she seeks to enforce Orders made by Stevenson J on 28 March 2008 as to the implementation of paragraph 11 of the Orders made by me on 29 February 2008 to the effect that the Independent Children’s Lawyer was to help the parties organise some supervised visits by the mother at a Children’s Contact Service.  I received and allowed to be filed today Affidavits from the mother sworn on 11 July 2008 and of Ms L also sworn on 11 July 2008.  Clearly the father and the Independent Children’s Lawyer had not had an opportunity to view those documents beforehand but I felt that it would be of benefit to all of the parties if the matter could be dealt with today without further adjournment.

2. I note that the mother made a further allegation not contained in her Affidavit to the effect that the father had not attended at a recent hearing in the criminal courts dealing with an assault allegation raised by the mother against the father in July of last year.  The father has indicated, through his Counsel, that upon realising that he had missed a hearing and that there was a Warrant issued for his arrest because of the fact that he had missed that hearing, he reported to the police on Saturday morning who indicated that he would need to report back to them this week in order to deal with that Warrant.  I am assuming that that will satisfy the police and that if he attends on the next scheduled event that the criminal proceedings will move through the system and be dealt with when the Court has time to deal with them.

3. The issue as to the Application before the Court today brought by the mother is resolved by the enquiries made by Counsel for the Independent Children’s Lawyer to the effect that the Campbelltown Children’s Contact Service is ready, willing and able to assist the parties.  There was previously a dispute between the mother and the father to the effect that the mother wanted to use the Y Children’s Contact Service and the father had suggested the D Children’s Contact Service on the basis that the mother’s postal address indicated that she quite possibly lived nearby that Centre.  As I said though, the issue is resolved by each of the parties agreeing that the Campbelltown Children’s Contact Service is the appropriate venue in order to assist the child re-establish a healthy relationship with her mother and vice versa.  That approach is supported by the father.

4. The father responds to the allegation of Ms L as to the event that happened at the E Hotel through Counsel by indicating that the child’s upset was in identifying and seeing Ms L there and being concerned that there would be another altercation.  It is the father’s allegation that Ms L has taken a very partisan role in these proceedings and hence may well have prompted some concern in the child.

5. The Court, because of Section 60CA of the Act, needs to continually concentrate its efforts on trying to achieve solutions that will represent the child’s best interests. That is a difficult task in this matter given the long history of ill-feeling, disputation and alleged assaults and counter assaults by the parties as against each other. As the Court has noted on many occasions in the past, and as have the independent experts noted on many occasions in the past, the child is very much caught in the middle of a very serious and entrenched adult dispute. It is not her fault but she is the victim.

6. In order to try and do something to assist the child’s difficult dilemma, and to restore a relationship with both of her parents (and the Court is not in any doubt that she loves both parents) then it needs to be done in an environment and circumstances where the child can feel secure and will not be put at risk of the appalling forms of emotional abuse which were so evident as perpetrated by the mother on the child in the report of Dr A dated 25 February 2008.

7. I suggested to the parties and to the Independent Children’s Lawyer that it would be appropriate that an independent third person deliver the child to the Children’s Contact Service at the beginning of each period and collect her at the conclusion of each period.  The reasons for those involved in this matter would be obvious and they are that it will further assist the child in being disengaged from the high level of conflict between her parents and will avoid any remote possibility of them having a further opportunity to engage in disagreement and significant unpleasantness in the child’s presence.  The father has volunteered his friend Ms S to undertake that role.  He is not certain whether or not she would be willing to undertake that role.  I will therefore make an alternative Order to the effect that it be her or some other person who is approved by the Independent Children’s Lawyer and nominated by the father, or the mother in the event that the father is happy with the person who undertakes that role.  However, I continue to have concerns as to the people whom the mother nominates and who have clearly indicated a quite partisan role in these proceedings and thus my preference is that it be somebody who is identified by the father.

I certify that the preceding seven (7) paragraphs are a true copy of the Ex tempore reasons for judgment of the Honourable Justice Burr.

Associate: 

Date:  14/7/2008