FEDERAL CIRCUIT COURT OF AUSTRALIA
| DITTMAR & DITTMAR (No.2) | [2020] FCCA 2518 |
| Catchwords: FAMILY LAW – Parenting – Application in a Case to stay orders – where reasons for judgment and final orders were delivered on 31August 2020 – where orders were made for a change of residence of the child. |
| Legislation: Family Law Act 1975 (Cth), s.60CC |
| Cases cited: Aldridge & Keaton (Stay appeal) [2009] FamCAFC 106 Commissioner of Taxation of the Commonwealth of Australia v Myer Emporium Limited [No 1] [1986] HCA 13; (1986) 160 CLR 220, |
| Applicant: | MS DITTMAR |
| Respondent: | MR DITTMAR |
| File Number: | BRC 189 of 2019 |
| Judgment of: | Judge Middleton |
| Hearing date: | 8 September 2020 |
| Date of Last Submission: | 8 September 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 8 September 2020 |
REPRESENTATION
| Counsel for the Applicant: | Ms McLennan |
| Solicitors for the Applicant: | Cranston McEachern Lawyers |
| Counsel for the Respondent: | Mr Bunning |
| Solicitors for the Respondent: | Law Legal Practice |
ORDERS
That the Application in a Case filed on 31 August 2020 be dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Dittmar & Dittmar (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRC 189 of 2019
| MS DITTMAR |
Applicant
And
| MR DITTMAR |
Respondent
REASONS FOR JUDGMENT
Ex Tempore:
These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.
Background
The substantive proceedings involved a parenting application in relation to a young child who was born in 2017.
The child’s parents were married in 2008 and separated either in late 2017 or early 2018.
The applicant in those substantive proceedings was the father in circumstances where there was great difficulty in him spending time with the child.
The mother alleged that the father had engaged in sexually inappropriate behaviour with female school students in his care, that he had sexually assaulted the child, that he was addicted to pornography, that he had anally raped the mother repeatedly throughout the relationship, and that he taught this child to be secretive. The mother sought a finding that the father poses an unacceptable risk of harm to the child.
The father alleged that the mother posed an unacceptable risk of harm to the child due to
a)Exposing the child to all of the allegations relating to the father;
b)The mother’s unwavering view that the father is a paedophile;
c)The alleged failure of the mother to facilitate a meaningful relationship with the father;
d)The mother’s failure to manage her own anxieties and emotions and…
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- AGLC
- DITTMAR & DITTMAR (No.2) [2020] FCCA 2518
- Case
- [2020] FCCA 2518
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the application to stay the final orders should be granted.
Judge Middleton dismissed the application. The reasons for this decision are not detailed in the provided text, but the outcome was that the final orders of 31 August 2020, which included a change of residence for the child, were to remain in effect.
Orders
Orders of the court
1.
That the Application in a Case filed on 31 August 2020 be dismissed.
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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