FAMILY COURT OF AUSTRALIA
| DEMETRIOU & DEMETRIOU | [2020] FamCA 24 |
| FAMILY LAW – CHILDREN – where the parties were able to agree on most of the parenting issues on the second day of the trial – consent orders made – discrete parenting issues to be determined – parental responsibility in relation to the youngest child – where allocation of sole parental responsibility for health to the father – time spent with the mother– where the mother self-medicated the children – assessment of risk – mother’s mental health – mother ordered to continue therapy. |
| Family Law Act 1975 (Cth) ss 4, 4AB, 60B, 60CA, 60CC, 61B, 61C, 61DA, 65D, 65DAA, 65DAB, 65DAC, 97, 117 |
| A v A (1998) FLC 92-800 MRR v GR (2010) 240 CLR 461 R and R (Children’s Wishes) (2000) FLC 93–000 |
| APPLICANT: | Mr Demetriou |
| RESPONDENT: | Ms A Demetriou |
| INDEPENDENT CHILDREN’S LAWYER: | Tiyce & Lawyers |
| FILE NUMBER: | SYC | 2580 | of | 2017 |
| DATE DELIVERED: | 23 January 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Harper J |
| HEARING DATE: | 2 – 6 September 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Campton SC |
| SOLICITOR FOR THE APPLICANT: | Mills Oakley Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Lethbridge SC |
| SOLICITOR FOR THE RESPONDENT: | Rowlandson & Co Solicitors |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Scarlett |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Tiyce & Lawyers |
Orders
That these orders shall prevail over any prior parenting Orders in respect of the children CC born … 2005 and DD, born … 2007, to the extent such orders are inconsistent with these orders.
Parental Responsibility for DD
That the father have sole parental responsibility for DD with respect to decisions about his health, provided that the father shall consult with the mother about decisions to be made in the exercise of his sole parental responsibility as follows:
(a) That the father will advise the mother in writing of the decision to be made and all related information;
(b) Within fourteen (14) days the mother will respond to the father in writing, providing her views and input which the father will genuinely consider; and
(c) The father will make the decision and provide the mother advice…
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- AGLC
- DEMETRIOU & DEMETRIOU [2020] FamCA 24
- Case
- [2020] FamCA 24
- Decision Date
CaseChat Overview and Summary
The court was required to determine the allocation of sole parental responsibility for the youngest child, DD, specifically in relation to health decisions. Further issues included the assessment of risk arising from the mother's self-medication of the children and her mental health, and the terms of DD's time spent with the mother. The court also needed to address orders concerning the children's medical examinations, compliance with treatment plans, and the mother's ongoing psychological treatment.
Harper J made consent orders that prevailed over prior parenting orders to the extent of inconsistency. The father was granted sole parental responsibility for DD's health decisions, with a requirement to consult the mother in writing and genuinely consider her input before making a final decision. In all other respects, the parties were to have equal shared parental responsibility for DD. The mother was restrained from submitting any of the children to psychiatric, psychological, or related medical examinations without the father's written consent and a GP referral, except in emergencies. Both parties were ordered to comply with treatment plans and guidelines from the children's treating practitioners. The mother was also ordered to continue attending her treating medical practitioners and to inform the father if she was not complying with treatment or ceased treatment. The court also made orders regarding family counselling for CC and established a dispute resolution process for future disagreements.
Orders
Orders of the court
1.
That these orders shall prevail over any prior parenting Orders in respect of the children CC born … 2005 and DD, born … 2007, to the extent such orders are inconsistent with these orders.
Parental Responsibility for DD
2.
That the father have sole parental responsibility for DD with respect to decisions about his health, provided that the father shall consult with the mother about decisions to be made in the exercise of his sole parental responsibility as follows:
(a) That the father will advise the mother in writing of the decision to be made and all related information;
(b) Within fourteen (14) days the mother will respond to the father in writing, providing her views and input which the father will genuinely consider; and
(c) The father will make the decision and provide the mother advice in writing of the decision and the reasoning behind his decision.
3.
In all other respects the parties are to have equal shared parental responsibility for the child DD.
DD’s Time with the Mother
4.
That the child DD is to spend time with the mother during the school term:
(a) as agreed between the parties but in default of agreement each alternate weekend from 5:30 pm Friday until 5:30 pm on Sunday or until 5:30 pm on Monday if the Monday is a public holiday;
(b) upon the child DD attaining the age of 16 years, his time spent with the mother in accordance with this order shall be subject to his wishes.
Orders Affecting all Children
5.
The mother is restrained from submitting CC, DD, AA born … 2002, and BB born … 2002 (“the children”) or any of them to any psychiatric, psychological or related medical examination, other than in an emergency, without the written consent of the father and with the referral of the children’s General Practitioner.
6.
The parties shall comply with any treatment plan or guidelines recommended by the children’s treating medical practitioners or other therapists, including but not limited to provision of medication.
7.
Without admissions the parties are restrained from causing the children or any of them to be brought into the presence of Ms FF.
Counselling and Psychological Treatment
8.
That the child CC engage in therapeutic family counselling with the view of focusing on rehabilitating the relationship between CC and the mother and addressing ongoing issues of the father’s attitude towards CC’s relationship with the mother and with respect to this:
(a) The Family Counsellor shall be a clinical psychologist who specialises in working with children who have been aligned with one of their parents or, in the alternative, a social worker with experience as a Family Consultant employed by the Family Court of Australia or the Federal Circuit Court of Australia;
(b) Both parties do all acts and things to enrol CC and themselves in therapeutic family counselling;
(c) Counselling sessions are to take place as follows:
(i) Individual sessions between the Family Counsellor and CC;
(ii) Sessions, either individual or family, with either or both of the parties and such other members of the family as the Family Counsellor recommends;
(d) The Family Counsellor shall be provided with the Expert Reports of Dr R dated 7 November 2017 and 7 June 2019.
9.
The mother must continue to attend upon her treating medical practitioners including her treating psychiatrist for such period of time as the psychiatrist considers necessary, and the mother do all things to instruct Dr GG, or any other treating mental health professional, to inform the father of any of the following:
(a) She is not complying with treatment or a prescribed medication regime; or
(b) That she ceases treatment with that clinician; or
(c) If known, the identity of any new treating clinician.
Disputes
10.
The process to be used for resolving disputes about the interpretation, implementation or enforcement of these Orders shall be as follows:
(a) The mother and the father shall do all things necessary to attend counselling or mediation with an organisation recognised under the Family Law Act 1975 (Cth) (“the Act”) or by the Commonwealth Attorney General; or
(b) The mother and the father shall participate in family dispute resolution with a person authorised under section 10G of the Act.
11.
Before an application is made to a Court for a variation of these orders to take account of the changing needs or circumstances of the Children or of the mother or the father:
(a) The mother and the father shall do all things necessary to attend counselling or mediation with an organisation recognised under the Act or by the Commonwealth Attorney General; or
(b) The mother and the father shall participate in family dispute resolution with a person authorised under section 10G of the Act.
The Court Notes
12.
The parties have agreed that the children CC and DD shall attend HH School in 2020.
13.
The Independent Children’s Lawyer (“ICL”) seeks an order that each party pay sum of the ICL’s costs of $12,614.00.
The Court further orders that:
14.
The parties are to file and serve written submissions concerning the ICL’s claim for costs within 28 days of the date of these orders.
15.
If any party, other than the ICL, seeks an order for costs, an appropriate application to the Court may be made within 28 days of the date of these Orders (supported by any documentary material) to be filed and served within that time period and a copy forwarded to my Chambers. If no such application is made within the time period specified, no order will be made as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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