Emmet & Emmet

[2021] FamCA 78

FAMILY COURT OF AUSTRALIA

Emmet & Emmet [2021] FamCA 78

File number(s):	CAC 1254 of 2019
Judgment of:	GILL J
Date of judgment:	23 February 2021
Catchwords:	FAMILY LAW – CHILDREN – no contact order – entered into by consent
Legislation:	Family Law Act 1975 (Cth) - s 60CC(2)(b)
Number of paragraphs:	4
Date of hearing:	In chambers – 23 February 2021
Place:	Canberra
Solicitor for the Applicant:	Legal Aid, ACT
Solicitor for the Respondent:	Auslex Law Group
Solicitor for the Independent Children's Lawyer:	Jeanine Lloyd & Associates

ORDERS

CAC 1254 of 2019

BETWEEN:

MS EMMET

Applicant

AND:

MR EMMET

Respondent

ORDER MADE BY:	GILL J
DATE OF ORDER:	23 FEBRUARY 2021

THE COURT ORDERS BY CONSENT:

1.That the applicant mother have sole parental responsibility for X, born … 2011, and Y, born … 2013 (“the children”).

2.That the children live with the mother.

3.That the children will spend no time and have no communication with the father.

4.That pursuant to s 11 of the Australian Passports Act 2005 (Cth) this Order acts as an authority for the mother to:

(a)Obtain passports for the children without the father’s consent;

(b)Travel outside of the Commonwealth of Australia with the children without the father’s consent.

5.That this Order shall act as an authority for the mother to change the first and/or surname of each of the children without the consent of the father.

6.That the Independent Children’s Lawyer be discharged.

IT IS NOTED THAT:

7.These Orders are entered into by consent on a ‘without admissions’ basis by all parties.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Emmet & Emmet has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

GILL J

1. The parties and the Independent Children’s Lawyer have provided Final Terms of Settlement.  Those Terms of Settlement provide for sole parental responsibility for X and Y to be vested in the mother.  The children are to live with her and spend no time with, nor communicate with, the father. The mother is permitted to obtain passports and change the children’s names.

2. These orders will have the effect of excluding the father from the children’s lives.

3. Noting the matters contained in a Notice of Risk filed 5 July 2019 and a Notice of Child Abuse, Family Violence or Risk completed by the mother on 19 February 2021 in order to protect the children from risk of abuse and considering the greater weight to be given to the primary consideration at s 60CC(2)(b) of the Family Law Act 1975 it is in each child’s best interests to make the orders as agreed to by the parties.

4. I make orders in the terms of the Final Terms of Settlement.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Gill.

Associate:       

Dated:       23 February 2021