FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Euclid & Brantley [2023] FedCFamC2F 1612
File number(s): MLC 4236 of 2020 Judgment of: JUDGE GLASS Date of judgment: 14 December 2023 Catchwords: FAMILY LAW – PARENTING - Whether five year old should continue to spend week about time with each of her parents – Where her father continues to consume alcohol in child’s presence despite an injunction not to – Where child has been exposed to family violence – Where the parties are unable to communicate Legislation:
Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAC, 69ZV
Cases cited: Carter & Wilson (2023) FLC 94-129
Eastley & Eastley (2022) FLC 94-094
Groth & Banks [2013] FamCA 430
Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361
Jones v Dunkel (1959) 101 CLR 298
Lennon & Lennon [2011] FamCA 571
Manifold & Alderton (2021) FLC 94-015
Oberlin & Infeld (2021) FLC 94-017
Reeves & Grinter [2017] FamCAFC 19
Vigano & Desmond (2012) FLC 93-509
Division: Division 2 Family Law Number of paragraphs: 100 Date of last submission/s: 6 December 2023 Date of hearing: 5-6 December 2023 Counsel for the Applicant: Ms Jardine Solicitor for the Applicant: Pentana Stanton Lawyers Counsel for the Respondent: Mr Peters Solicitor for the Respondent: Warren, Graham & Murphy Solicitor for the Independent Children's Lawyer: Ruffin Lawyers ORDERS
MLC 4236 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS EUCLID
Applicant
AND: MR BRANTLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE GLASS
DATE OF ORDER:
14 DECEMBER 2023
THE COURT ORDERS THAT:
1.All previous parenting Orders be discharged.
2.The Mother have sole parental responsibility for X, born in 2018, on the condition that she notify the Father of all major long-term decisions made within 7 days of making such a decision.
3.X live with the Mother.
4.X spend time with the Father:
(a)during school terms:
(i)each alternate weekend from after school (or 3:30pm if a non-school day) on Friday until 5:00pm Sunday;
(ii)each alternate Wednesday from after school (or 3:30pm if a non-school day) until 7:00pm;
(b)during school term holidays commencing at 3:30pm on the Friday of what would otherwise be the weekend that X is to spend time with the Father, until the following Friday at 3:30pm;
(c)during summer school holidays commencing at 3:30pm on the Friday of what would otherwise be the weekend that X is to spend time with the Father, until the following Friday at 3:30pm, and each alternate week thereafter; and
(d)at such other times as may be agreed between the parties in writing.
5.X spend time with the parent with whom she is not otherwise living at Christmas from 3:00pm on Christmas Day until 12:30pm Boxing Day.
6.Unless otherwise agreed in writing, changeover occur at school or kinder on school or kinder days and otherwise at the Mother’s residence.
7.X communicate with the parent with whom she is not living each Tuesday night from 5:00pm until 5:30pm.
8.The parties communicate by email…
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- AGLC
- Euclid & Brantley [2023] FedCFamC2F 1612
- Case
- [2023] FedCFamC2F 1612
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether it was in the best interests of the child to continue spending significant time with Mr Brantley, given his ongoing alcohol consumption and the history of family violence. The court had to balance the child's need for a relationship with both parents against the risks posed by Mr Brantley's behaviour. Additionally, the court needed to determine how to facilitate communication and co-operation between the parents, given their inability to do so effectively.
In its decision, the court discharged all previous parenting orders and granted sole parental responsibility to the mother, subject to conditions that she notify the father of major long-term decisions. The court ordered that the child live with the mother but spend specific times with the father, including alternate weekends and school holidays, with strict conditions regarding alcohol consumption and exposure to illicit drugs. Communication between the parents was limited to email or SMS text message, and both parents were required to provide contact details and keep them updated. The court also mandated that both parents be involved in the child's medical care and attend school events together. The injunction against denigrating the other parent and exposing the child to family violence was maintained.
The court's final orders included detailed arrangements for the child's living situation, contact with each parent, communication methods, medical care, and school events. Both parents were enjoined from drinking alcohol in the presence of the child and from exposing her to family violence or illicit drugs. The Independent Children's Lawyer was discharged, and all other applications were dismissed. The form of the order was subject to entry in the Court's records and potential review or variation.
Orders
Orders of the court
MLC 4236 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS EUCLID
Applicant
AND:
MR BRANTLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE GLASS
DATE OF ORDER:
14 DECEMBER 2023
THE COURT ORDERS THAT:
1. All previous parenting Orders be discharged.
2. The Mother have sole parental responsibility for X, born in 2018, on the condition that she notify the Father of all major long-term decisions made within 7 days of making such a decision.
3. X live with the Mother.
4. X spend time with the Father:
(a) during school terms:
(i) each alternate weekend from after school (or 3:30pm if a non-school day) on Friday until 5:00pm Sunday;
(ii) each alternate Wednesday from after school (or 3:30pm if a non-school day) until 7:00pm;
(b) during school term holidays commencing at 3:30pm on the Friday of what would otherwise be the weekend that X is to spend time with the Father, until the following Friday at 3:30pm;
(c) during summer school holidays commencing at 3:30pm on the Friday of what would otherwise be the weekend that X is to spend time with the Father, until the following Friday at 3:30pm, and each alternate week thereafter; and
(d) at such other times as may be agreed between the parties in writing.
5. X spend time with the parent with whom she is not otherwise living at Christmas from 3:00pm on Christmas Day until 12:30pm Boxing Day.
6. Unless otherwise agreed in writing, changeover occur at school or kinder on school or kinder days and otherwise at the Mother’s residence.
7. X communicate with the parent with whom she is not living each Tuesday night from 5:00pm until 5:30pm.
8. The parties communicate by email or SMS text message only with such communication to be polite, respectful and child focused.
9. Each party shall provide the other with their residential address, contact telephone number and email address, and shall keep those details updated including providing at least 21 days' notice of any change to the residential address of X .
10. Each parent be authorised to obtain information in relation to X from any of her treating medical practitioners and allied health professionals and be authorised to attend separate appointments with same.
11. Both parents be involved in relation to any assessments or diagnosis of X, with each parent to not unreasonably disagree with directions and recommendations of X’s treating medical practitioners and allied health professionals, including in relation to any referrals, treatments, and further appointments.
12. Each party must notify the other immediately of any serious illness or injury suffered by X whilst in their care, including the nature of the illness or injury, treatment received and the name and contact details of any treating medical practitioner and shall authorise any treating medical practitioner to provide and discuss such information with the other parent.
13. The Mother do all acts and things to enrol X in primary school at B School to commence in 2024.
14. The Mother ensure the Father is listed on all enrolment documents as the Father.
15. Both parents be at liberty to attend all school events including concerts, sports days, parent's days, working bees, award ceremonies, parent teacher interviews and any other event that parents are normally invited to attend.
16. Both parents receive all bulletins, notices, applications for photos and access to any school portal that parents would normally have access to.
17. The Father be hereby restrained by injunction from:
(a) drinking alcohol 12 hours prior to X coming into his care; and
(b) drinking alcohol whilst X is in his care.
18. Each party be hereby restrained by injunction from:
(a) denigrating the other parent, their family or friends or permitting another to do so in the presence or hearing of X;
(b) exposing X to family violence;
(c) using illicit drugs or being under the effects of illicit drugs while X is in their care; and
(d) bringing X into the presence of persons using or under the effects of illicit drugs.
19. The Independent Children’s Lawyer be discharged.
20. All extant applications be dismissed.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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