DENSON & DENSON

[2019] FCCA 2614

FEDERAL CIRCUIT COURT OF AUSTRALIA

DENSON & DENSON [2019] FCCA 2614

Catchwords:
FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39
Federal Circuit Court Rules 2001, Rule 8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MS DENSON

Respondent: MR DENSON

File Number: PAC 1554 of 2018

Judgment of: Judge Newbrun

Hearing date: 17 September 2019

Date of Last Submission: 17 September 2019

Delivered at: Parramatta

Delivered on: 9 October 2019

REPRESENTATION

Solicitors for the Applicant: Mr Khaloush

Solicitors for the Respondent: Mr Borg

Solicitors for the Independent Children's Lawyer: Mr Walkden

ORDERS

1. These parenting proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with such proceedings to be mentioned in that Court on 30 October 2019 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1554 of 2018

MS DENSON

Applicant

And

MR DENSON

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s Order of 6 September 2019 that these property and parenting proceedings be transferred to the Family Court of Australia. (The court should state that the parties did not refer the court to the wife’s spousal maintenance application contained within her Amended Initiating application sealed on 26 April 2019). 

2. The subject children are aged 6, 14 and 15 years.  Presently the youngest child lives with the mother, and the two eldest children live with the father.

3. Both parties require interpreters at the final hearing.

4. An independent children’s lawyer has been appointed to represent the children in the parenting proceedings.

5. There are presently outstanding criminal law proceedings brought against the father and due to be heard in the Town A Local Court in November 2019.  These proceedings in the Local Court relate to an incident in November 2017 when the father allegedly pushed a child with his leg to the ground.  Apparently on 10 October 2019 at the Local Court the father will seek to withdraw an earlier plea of guilty.

Issues in dispute

1. The issues in the parenting dispute include the following:

   i)The nature and extent of the father’s mental health, and its effect upon his parenting capacity.

   ii)Whether the father perpetrated family violence against the mother and the children during the relationship, including alleged physical violence. 

   iii)Whether the mother was abusive and neglectful towards the children during the relationship.

   iv)Whether the mother participated in sexual acts and that the children were sent photos of these.

   v)Whether the parties should have equal shared parental responsibility for the youngest child or whether the mother should have sole parental responsibility for her.  Apparently the parties agree that the father should have sole parental responsibility for the two eldest children.

   vi)The mother seeks orders that she spend time with the two older children in accordance…