Dawkins & Penton

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Dawkins & Penton [2021] FedCFamC1A 74

Appeal from:

Penton & Dawkins [2021] FCCA 1502

Appeal number(s):

EAA 84 of 2021

File number(s):

CAC 62 of 2018

Judgment of:

ALDRIDGE J

Date of judgment:

1 December 2021

Catchwords:

FAMILY LAW – APPEAL – PARENTING – INJUNCTION – Appeal against orders restraining the father from communicating or approaching the child – Where the grounds of appeal do not identify any error on part of the primary judge – Appeal dismissed.

Legislation:

Family Law Act 1975 (Cth) ss 68B, 114

Statute of Westminster Adoption Act (1942) (Cth)

Cases cited:

Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30

Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28

Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35

Number of paragraphs:

39

Date of hearing:

28 October 2021

Place:

Sydney (via video link)

The Appellant:

Self-represented litigant

Counsel for the Respondent:

Mr Coleman SC

Solicitor for the Respondent:

Australian Family Lawyers

The Independent Children’s Lawyer:

No appearance

ORDERS

EAA 84 of 2021
CAC 62 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

BETWEEN:

MR DAWKINS

Appellant

AND:

MS PENTON

Respondent

INDEPENDENT CHILDREN’S LAWYER

order made by:	ALDRIDGE J
DATE OF ORDER:	1 December 2021

THE COURT ORDERS THAT:

1.The appeal is dismissed.

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).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Dawkins & Penton has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

ALDRIDGE J:

INTRODUCTION

1. Mr Dawkins (“the father”) and Ms Penton (“the mother”) have a child who was born in 2015 (“the child”). On 2 July 2021, a judge of the Federal Circuit Court of Australia (as it was then known) ordered that the child live with the mother who is to have sole parental responsibility for her.

2. Included in the orders of 2 July 2021 were the following:

   4.The child shall have no time or communication with her father unless otherwise agreed in writing by the mother.

   …

   8.Pursuant to section 68B of the Family Law Act 1975, unless otherwise agreed in writing by the mother, the father is hereby restrained from:

   (a)       approaching within 100 metres of the child;

   (b)       approaching within 100 metres of the mother;

   (c)       approaching within 100 metres of the mother’s residence;

   (d) approaching within 100 metres of the mother’s place of employment, except to obtain urgent medical attention or for a planned admission to hospital and,…