FEDERAL CIRCUIT COURT OF AUSTRALIA
| DAWES & DAWES | [2014] FCCA 3154 |
| Catchwords: FAMILY LAW – Interim parenting application on short notice – competing parenting applications – with whom children should live – allegations of family violence – consideration of unacceptable risk. |
| Legislation: Family Law Act 1975, ss.4AB, 60B, 60CA, 60CC, 60CC(2A), 61DA, 65DAA(5), 67ZBB |
| Cowling & Cowling [1998] FamCA 19 Deacon & Castle [2013] FCCA 691 M & M (1987) FLC 91 – 830 Briginshaw v Briginshaw (1938) 60 CLR 336 B & B (1986) FLC 91 – 758 Other Articles Cited: | ||
| Applicant: | MS DAWES | |
| Respondent: | MR DAWES |
| File Number: | PAC 6029 of 2014 |
| Judgment of: | Judge Harman |
| Hearing date: | 18 December 2014 |
| Date of Last Submission: | 18 December 2014 |
| Delivered at: | Parramatta |
| Delivered on: | 18 December 2014 |
REPRESENTATION
| Solicitors for the Applicant: | Mr Jurd of Peter Jurd Lawyer |
| Solicitors for the Respondent: | Ms Ralston of Coleman & Greig Lawyers |
ORDERS
Pending further order and pursuant to section 61C each parent shall have parental responsibility for their children X born (omitted) 2011 and Y born (omitted) 2013.
Pending further order, the children shall live with their mother.
Pending further order, the children shall spend time with their father:
(a)Each Wednesday from 10am until 5pm (extending to 6pm during day light savings);
(b)Each weekend from 12noon Saturday until 5pm Sunday (extending to 6pm during day light savings);
(c)From 5pm Christmas Day until 6pm the following Sunday in 2014; and
(d)For such other times as agreed between the parents from time to time.
For the purpose of the children passing into the father’s care and returning to the mother’s the father shall collect the children from and return the children to the mother at the mother at the mother’s home.
Each parent shall forthwith and if they have not already done so, do all things, sign all documents and give all consents and authorities necessary to ensure that each parent is recorded with any treating general practitioner for the children, any…
Continue reading Dawes and Dawes
Sign in free to access the full text
- AGLC
- Dawes and Dawes [2014] FCCA 3154
- Case
- [2014] FCCA 3154
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific terms of parental responsibility, where the children would live, and the schedule for their time with each parent. Additionally, the court considered provisions for the parents' involvement in the children's medical and educational matters, and the necessity for family counselling and dispute resolution services.
The court ordered that each parent would have parental responsibility for the children, who would live with their mother. The father was granted specific time with the children, including mid-week and weekend contact, and holiday arrangements. The orders also mandated that both parents be listed as emergency contacts for medical and educational purposes, and that they inform each other of significant health events. Furthermore, the court directed both parents to engage with family counselling services and a Family Dispute Resolution Practitioner, with specific timelines and requirements for attendance and payment. The court also noted the father's undertaking to return the children to the mother's home by a specified time.
Orders
Orders of the court
1.
Pending further order and pursuant to section 61C each parent shall have parental responsibility for their children X born (omitted) 2011 and Y born (omitted) 2013.
2.
Pending further order, the children shall live with their mother.
3.
Pending further order, the children shall spend time with their father:
(a) Each Wednesday from 10am until 5pm (extending to 6pm during day light savings);
(b) Each weekend from 12noon Saturday until 5pm Sunday (extending to 6pm during day light savings);
(c) From 5pm Christmas Day until 6pm the following Sunday in 2014; and
(d) For such other times as agreed between the parents from time to time.
4.
For the purpose of the children passing into the father’s care and returning to the mother’s the father shall collect the children from and return the children to the mother at the mother at the mother’s home.
5.
Each parent shall forthwith and if they have not already done so, do all things, sign all documents and give all consents and authorities necessary to ensure that each parent is recorded with any treating general practitioner for the children, any medical specialist upon which the children or either of them attend and any preschool attended by the children or either of them as both a parent and emergency contact person and such as to allow each parent to obtain information and reports and be fully involved and consulted regarding the child’s medical treatment of education.
6.
Each parent shall advise the other immediately of any significant illness or hospitalisation relating to the children such notice to be given contemporaneous with the event and to include sufficient information and authority to enable both parents to visit the children if hospitalised.
7.
Pursuant to section 13C of the Family Law Act 1975, the parties and each of them shall forthwith and within 21 days contact the intake officer of Family Relationships Centre (omitted) for the purpose of arranging and attending the first available and offered intake appointment for the assessment of suitability for the provision of Family Counselling services by that organisation and, subject to the assessment of suitability, each party shall then:
(a) Attend at such times, dates and places as may be advised; and
(b) Pay such fees as may be charged;
to participate in and complete such sessions of Family Counselling as are assessed as suitable and offered.
8.
In the event that the provision of service is determined to be inappropriate or service is withdrawn or declined then the Family Counsellor or agency providing same is requested, pursuant to s.13D, to advise the Court in writing of that fact.
9.
Each party shall, within 4 weeks, register with www.uptoparents.org and complete the on-line program offered by that site and will, on completion, print a certificate demonstrating completion and provide a copy to all other parties and the Independent Children’s Lawyer (if appointed).
10.
Pursuant to section 13C of the Family Law Act 1975, the Independent Children’s Lawyer and the parties and each of them shall forthwith and within seven (7) days contact a Family Dispute Resolution Practitioner agreed between them for the purpose of arranging and attending the first available and offered intake appointment for the assessment of suitability for Family Dispute Resolution and subject to the assessment of suitability each party shall then:
(a) Attend at such times, dates and places as may be advised; and
(b) Pay such fees as may be charged;
to participate in and complete Family Dispute Resolution prior to the next Court event.
11.
The matter is adjourned for further mention and directions to 29 April 2015 at 9.30am.
12.
Note the father’s undertaking to the court that he will deliver the children to the mother’s home by 6pm this evening.
13.
Pursuant to S.65DA(2) and S.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.