Catchwords: FAMILY LAW – Parenting – future care arrangements – best interests of the child – child’s right to a voice in the proceedings – child’s right to participation in the proceedings – where the children meet directly with the Judge – consideration of “cautions” regarding meeting with children – circumstances of settlement where proceedings previously adjourned part heard due to non-preparation – objection to subpoena – discussion of “privacy” – discussion of “public policy” – determination of parental responsibility – issue of passports.
FAMILY LAW – Costs – costs of Independent Children’s Lawyer.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
DUFFY & GOMES (No.2) [2015] FCCA 1757
Case
[2015] FCCA 1757
Decision Date
CaseChat Overview and Summary
In the matter of DUFFY & GOMES (No.2), Judge Harman of the Family Court of Australia considered parenting arrangements for the children, X and Y. The dispute concerned the future care of the children, their best interests, and their right to participate in proceedings, including the potential for direct meetings with the judge. The court also addressed issues relating to the objection to a subpoena, privacy, public policy, parental responsibility, and the issue of passports.
The legal issues before the court included the determination of parental responsibility, specifically concerning the children's passports, and the costs associated with the Independent Children's Lawyer. The court was required to consider the children's right to have their voice heard and participate in the proceedings, as well as the implications of direct meetings between the children and the judge, including any relevant cautions.
By consent, final orders were made in accordance with the Terms of Settlement executed by the parties and the Independent Children’s Lawyer. Ms Duffy was granted sole parental responsibility for any application for Australian Passports for the children, and upon their issue, she was entitled to hold them on their behalf until they reached majority. The court also requested that the Department of Immigration and Citizenship expedite the processing of any passport application made by Ms Duffy. The Independent Children's Lawyer was directed to provide a typescript of the Terms of Settlement to the court's associate within seven days.
Orders
Orders of the court
1.
By consent final Orders are made in accordance with the Terms of Settlement executed by the parties and the Independent Children’s Lawyer marked Exhibit ‘A’ attached hereto.
2.
Direct the Independent Children’s Lawyer to provide a typescript of the Terms of Settlement made today in word format direct to my Associate by email within 7 days of today’s date.
3.
Ms Duffy shall have sole parental responsibility for any application for the issue of Australian Passports for the children X born (omitted) 2000 and Y born (omitted) 2001 and upon the issue of such passports Ms Duffy shall be entitled until X and Y each reach their majority to hold those passports on their behalf.
4.
The Court requests that the appropriate officer of the Department of Immigration and Citizenship seized with responsibility for processing any application for Passports give such expedition to the processing of any application made by Ms Duffy as can be accommodated.