Department of Communities and Justice and Bryson & Anor

[2020] FamCA 464

FAMILY COURT OF AUSTRALIA

DEPARTMENT OF COMMUNITIES & JUSTICE & BRYSON AND ANOR [2020] FamCA 464

FAMILY LAW – CHILDREN – Mother has disengaged from spending time with children – risk of exposure to illicit substances and sexual conduct in Mother’s household – uncertainty of Mother attending for time – risks not counterbalanced by benefits of meaningful relationship – extension of interim orders currently in place – suspension of time with children pending further application

Family Law Act 1975 (Cth) s 60CC

APPLICANT: Department of Communities & Justice

1st RESPONDENT: Ms Bryson

2nd RESPONDENT: Mr Donnelly

INDEPENDENT CHILDREN’S LAWYER: Mrs A Evans

FILE NUMBER: CAC 1351 of 2019

DATE DELIVERED: 4 June 2020

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 4 June 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Crown Solicitors Office

COUNSEL FOR THE 1ST RESPONDENT: Dr S Leslie

SOLICITOR FOR THE 1ST RESPONDENT: Self-representing

COUNSEL FOR THE 2ND RESPONDENT: Mr J Haddock

SOLICITOR FOR THE 2ND RESPONDENT: KPW Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Evans Family Lawyers

Orders

1. Order 1 of the Orders of 13 February 2020 is amended by deleting the term “for six months from the date of these orders” and replacing it with “until further order of the Court”.

2. Order 1(b) is suspended.

3. Order 2 is suspended.

4. Within a period of 21 days of today's date each of the parties is to file a minute of the final orders that they intend to seek when the matter resumes final hearing in October 2020.

5. Following the filing of the minute by the Mother she is at liberty to file an Application in a Case seeking further orders regarding her time with Y and Z.

6. If the parties reach agreement in writing in relation to Y and Z spending time with the Mother then the Mother is permitted to spend time with Y and Z in accordance with that agreement in writing.

IT IS NOTED THAT

1. These are proceedings to which the mandatory provisions of s 102NA of the Family Law Act 1975 apply by virtue of the Father's conviction, for having committed criminal assault upon the Mother.

IT IS FURTHER ORDERED THAT

1. The matter is set for further trial commencing 10 am on 12 October 2020.

2. The matter is relisted for further directions at 11 am on 21 August 2020.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Department & Bryson and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1351 of 2019

Department of Communities & Justice

Applicant

And

Ms Bryson

Respondent

And

Mr Donnelly

Respondent

REASONS FOR JUDGMENT

1. The circumstances of the current application are constituted by the Interim Orders put in place following several days of final hearing on 13 February 2020.  Those orders put in place temporary arrangements pending the involvement of the Secretary in the proceedings and pending further hearing to finalise the proceedings. 

2. Those orders provide for the living arrangements of the two youngest children of the relationship, Y and Z.  They provided for Y and Z to live with the Father but to spend regular time with the Mother.  The Secretary and the Father now seek a suspension of the Orders for Y and Z to spend time with their Mother and that application is supported by the Independent Children’s Lawyer. 

3. In brief, the application or the justification put forward for the application is that the Mother has disengaged from spending time with Y and Z, has disengaged from the supports that she was ordered to take part in in the previous orders being supports principally provided under the auspices of the Secretary, that there are indications of drug use in the Mother's household which involves the two older siblings, that there are indications of sexual exploitation of one of the older siblings in the Mother's household, that there are indications of the supply of drugs in the Mother's household to the older children and of their exposure to Mr D who the mother was restrained by injunction from bringing the children into contact with. 

4. These raise matters under the two primary considerations.  Firstly, they impair any benefits of meaningful relationship that might be thought to accrue to Y and Z by spending time with their Mother by means of the uncertainty that they face in being prepared to spend time with the Mother and the Mother not attending for that time.  They also indicate a disengagement by the Mother which reflects upon her attitude to the responsibilities of parenthood. 

5. They reflect increasing risks to Y and Z in spending time in the Mother's household constituted by exposure to the Mother utilising illicit drugs, illicit drug use by their siblings in that household, exposure to Mr D and an exposure to other matters within the household.  These are serious risks and are risks that are not counterbalanced by benefits of meaningful relationship for Y and Z.  They appropriately call for the suspension of the Mother's time with Y and Z pending any further application that may be made by her.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 4 June 2020.

Associate: 

Date:  5 June 2020