FAMILY COURT OF AUSTRALIA
| EDKINS & FELICE | [2020] FamCA 659 |
| FAMILY LAW – CHILDREN – Interim parenting – Where the mother did not press her contentions in relation to the father’s alleged violence towards herself, his mental health difficulties or substance misuse at interim hearing – Where the mother contends that the parties’ son has been sexually abused by two of the father’s step children – Where the mother asserts ongoing risk in the father’s care as he does not believe that the sexual abuse occurred and is failing to act protectively – Where the mother also maintained that the father has been physically aggressive towards the children in the past and poses some risk in this regard – Where the mother seeks the continuation of the short term interim orders made by consent at the interim hearing providing for limited unsupervised time with the father and also seeks a restraint on the father allowing the children to come into contact with his step-children – Where the father seeks a dismissal of the mother’s interim application such that the former interim orders that provide the children live with the mother and spend alternate weekends with him continue and proposes an additional order that he be required to ensure that the son not sleep in the same room as his stepson and that he or his partner “properly supervise” the son to ensure that he not be exposed to any form of abuse – Orders made as sought by the father. |
| Family Law Act 1975 (Cth) ss 60CA, 60CC, 65D |
| Deiter & Deiter [2011] FamCAFC 82 George & George [2013] FamCAFC 182 Goode & Goode (2006) FLC 93-286; (2007) 26 Fam LR 422; [2006] FamCA 1346 Mazorski & Albright [2007] FamCA 520 McCall & Clark (2009) FLC 93-405; (2009) 41 Fam LR 483; [2009] FamCAFC 92 SS & AH [2010] FamCAFC 13 |
| APPLICANT: | Mr Edkins |
| RESPONDENT: | Ms Felice |
| INDEPENDENT CHILDREN’S LAWYER: | Shedden & Associates |
| FILE NUMBER: | PAC | 1627 | of | 2018 |
| DATE DELIVERED: | 11 August 2020 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 29 May 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: |
| SOLICITOR FOR THE APPLICANT: | Anderson Lawyers |
| COUNSEL FOR THE RESPONDENT: |
| SOLICITOR FOR THE RESPONDENT: | Rafton Family Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Shedden & Associates |
Orders
The mother’s Application in a Case filed 17 April 2020 is dismissed.
Pending further order
The orders of 6 March 2019 are confirmed such that the father’s alternate weekend time with the children is to resume this Friday, 14 August 2020.
The father shall ensure that:
(a) The child X does not sleep in the same room as Mr B; and
(b) X is properly supervised by himself or his partner Ms C so as to ensure that X is not exposed to any form of abuse.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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- AGLC
- Edkins and Felice [2020] FamCA 659
- Case
- [2020] FamCA 659
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the mother's application to vary the existing parenting orders should be granted, and if not, what orders were appropriate to ensure the children's welfare and best interests, particularly concerning child X's safety and supervision.
Hannam J confirmed the father's existing alternate weekend time with the children, finding that the mother's application to vary these orders was not successful. The court's reasoning led to orders designed to protect child X, requiring the father to ensure that child X did not sleep in the same room as Mr B and that child X was properly supervised by either the father or his partner, Ms C, to prevent exposure to any form of abuse. These orders were made pending further order from the court.
Orders
Orders of the court
1.
The mother’s Application in a Case filed 17 April 2020 is dismissed.
Pending further order
2.
The orders of 6 March 2019 are confirmed such that the father’s alternate weekend time with the children is to resume this Friday, 14 August 2020.
3.
The father shall ensure that:
(a) The child X does not sleep in the same room as Mr B; and
(b) X is properly supervised by himself or his partner Ms C so as to ensure that X is not exposed to any form of abuse.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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