EAGLE & SCARLETT (No.2)

[2019] FCCA 3584

FEDERAL CIRCUIT COURT OF AUSTRALIA

EAGLE & SCARLETT (No.2) [2019] FCCA 3584

Catchwords:
FAMILY LAW – Parenting – Risk of Harm to young child – No time ordered.  

Legislation:

Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 60CG, 61DA, 65DAA

Cases cited:

Johnson & Page [2007] FamCA 1235

M & M (1989) 166 CLR 69

Mazorski & Albright [2007] FamCA 520

McCall & Clark [2009] FamCAFC 92

MRR & GR [2010] HCA 4

Salah & Salah [2016] FamCAFC 100

Slater & Light [2011] FamCAFC 1

Applicant: MR EAGLE

Respondent: MS SCARLETT

File Number: PAC 2781 of 2016

Judgment of: Judge Obradovic

Hearing dates: 27, 28, 29 May 2019 and 17 June 2019

Date of Last Submission: 17 June 2019

Delivered at: Parramatta

Delivered on: 13 December 2019

REPRESENTATION

Appearing for the Applicant: In person

Counsel for the Respondent: Mr Daniel

Solicitors for the Respondent:	Reid Legal
Counsel for the Independent Children's Lawyer:	Mr Greenaway
Solicitors for the Independent Children's Lawyer:	JLM Family Lawyers

ORDERS

1. The mother, Ms Scarlett, shall have sole parental responsibility for the child X born … 2015.

2. The child shall live with the mother.

3. The child shall spend no time with the father.

4. The child X (female) born … 2015 shall be henceforth known as X.

5. The mother is authorised to apply to the Registrar of Births Deaths and Marriages that the child registered as X (female) born … 2015 be now registered as X.

6. Pursuant s28(5) of the Births Deaths and Marriages Act NSW 1995 the Registrar register the child’s name in the form specified in Order 5 herein.

7. The Court directs that the mother forthwith serve a sealed copy of this order upon the Registrar of Births Deaths and Marriages.

8. Remove all outstanding issues from the list of cases awaiting finalisation.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 2781 of 2016

MR EAGLE

Applicant

And

MS SCARLETT

Respondent

REASONS FOR JUDGMENT

Introduction

1. These are the reasons for judgment with respect to parenting proceedings between the applicant father, Mr Eagle and the respondent mother, Ms Scarlett in relation to their child X born … 2015.

2. The primary issues for determination are:

   a)Parental responsibility;

   b)The time the father spends with the child and whether any such time ought to be supervised;

   c)Whether the child’s name ought to be changed to also reflect the mother’s surname; and

   d)Whether the mother be permitted to relocate to the Town N area with the child.

Documents relied upon

1. The father relied on the following documents at hearing:

   a)Amended Initiating Application filed 13 July 2018;

   b)Affidavit of Mr Eagle affirmed and filed on 9 September 2016; and

   c)Affidavit of Mr Eagle affirmed 11 June 2018 and filed on 13 July 2018.

2. The mother relied on the following documents at hearing:

   a)Amended Response filed 27 April 2018;

   b)Affidavit of Ms Scarlett affirmed 28 March 2019 and…