DUMAS & CLINE

[2009] FamCA 1051

FAMILY COURT OF AUSTRALIA

DUMAS & CLINE [2009] FamCA 1051

FAMILY LAW – CHILDREN – Interim parenting orders – Where the mother seeks orders that there be no contact between the father and child – Best interests of the child – Where it is in the child’s best interests to have a relationship with both parents –  Interim orders that the child have contact with the father to be supervised by the paternal grandparents
Family Law Act 1975 (Cth)
APPLICANT:	Ms Dumas

RESPONDENT: Mr Cline

INDEPENDENT CHILDREN’S LAWYER: Ms Dooley

FILE NUMBER: BRC 4707 of 2008

DATE DELIVERED: 23 October 2009

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 23 October 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Brazel of Counsel appeared for the Applicant Mother

SOLICITORS FOR THE APPLICANT: Egan Simpson

SOLICITOR FOR THE RESPONDENT: Mr Russ, Solicitor of MDR Lawyers appearing for the Respondent Father

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Ms Dooley, Solicitor of Dooley Solicitors appeared as the Independent Children’s Lawyer

Orders

IT IS ORDERED BY CONSENT UNTIL FURTHER ORDER THAT:

1. The child, … born … January 2004 spend time with the Father with such time to be supervised by both or either paternal grandparents for two (2) hours each alternate Saturday from 1.00 pm to 3.00 pm commencing 7 November 2009 (New South Wales time).

2. The paternal grandparents will collect the child from the Mother’s residence at

   
   

   P in the State of New South Wales at 12.45 pm and shall return the child at the conclusion of the said time with the Father at 3.15 pm to allow for travelling time.

3. At the conclusion of time and on collection of the child, the paternal grandmother will collect the child by knocking on the front door of the Mother’s residence.

4. The above Orders are subject to the Independent Children’s Lawyer speaking with the paternal grandparents to advise them of their duties and obligations as supervisors and shall write to confirm the completion of this task.

5. The matter be mentioned before the Court at 10.00 am on 9 March 2010 at the Brisbane Registry of the Family Court.

6. The parties given liberty to apply to the Court on the giving of seven (7) days notice to all other parties.

IT IS FURTHER ORDERED THAT:

1. Pursuant to s 62B and s 65DA(2), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders, and details of who can assist parties to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 4707 of 2008:

MS DUMAS

Applicant

And

MR CLINE

Respondent

REASONS FOR JUDGMENT

1. The court would, in the normal course, accept the recommendations of a social worker, or has to have good reasons to reject it.  Now, for the present time, I have to balance the child’s interests against the competing claims.  But Ms B has seen the interaction between father and daughter and says it is in the child’s interests to know and have a relationship with both parents.  She suggested six months and she has assessed the paternal grandparents.

2. The mother’s position is – no time is her preferred course until the matter is reviewed in two years’ time.  The child would be seven by that stage.  Her fallback position is if there is to be any supervised time, then it is not to be by the paternal grandparents for the reasons summarised succinctly by her counsel.  Namely, that the father has lived with his parents at home.  There is not much parental control they would have over their son.  Reference was made to page 11 of Mr S’s report, when the paternal grandmother seemed to be something of an apologist for her son’s behaviour. 

3. The paternal grandmother seemed to reluctantly concede that her son can be verbally or emotionally abusive, including swearing at her.  But, in her view, “He does like everybody,” inviting the understanding that she sees this as being normal or acceptable.  There is a presumption of a relationship being established.  That is, a high priority that the court has to take into account.  It is supported by the independent children’s lawyer on an interim basis.  Out of an excess of caution, I will make it for a limited period, for a period until 9 March next year.  It will be two hours on a Saturday or a Sunday as nominated by the mother. 

4. And the paternal grandparents, or either of them would be the supervisor, but the supervision is not to commence until Michelle Dooley, the independent children’s lawyer has written to the solicitors confirming she has explained in detail to the paternal grandparents the responsibilities associated with acting as supervisors.  I need not set all those out, but it means they have to notify her in the event there is an incident.  They should, as a matter of practice, keep notes as to the activities engaged in and the nature of the conversations.

5. But once she has obtained their consent that they have fully understood the responsibilities associated with that, they are prepared to accept that, then the time will commence.  And it is in accordance with the recommendations for young children.  Time is supposed to be for a little and often.  She recommends each alternate weekend.  We can re-examine that situation in March.  For the time being, the mother can call the shots as to what day, it is within daylight hours, Saturday or Sunday, two hours each alternate weekend commencing the weekend of 7 November.  So we will proceed on that basis.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry

Associate: 

Date:  23 October 2009