FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FARINA & FARINA | [2012] FMCAfam 666 |
| FAMILY LAW – Parenting – interim orders – whether unacceptable risk of abuse if supervised contact is continued – application for suspension of supervised contact dismissed. |
| Family Law Act 1975, ss.60B, 60D, 64(1), 69ZT(3), 69ZV, 100A Law Reform Act 1995 |
| A. v. A. (1976) V.R. 298 B and B [Access] (1986) FLC 91-758 B and B: Family Law Reform Act 1995 (1997) FLC 92-755 Briginshaw v. Briginshaw (1938) 60 C.L.R. 336 Brown and Pedersen (1992) FLC ¶92-271 cf. J. v. Lieschke (1987) 162 C.L.R. 447 G. (a minor) (1987) 1 W.L.R. 1461 Goode & Goode (2006) FLC 93-286 K v B Leveque v. Leveque (1983) 54 B.C.L.R. 164 M and M (1987) FLC ¶91-830 at pp.76,240-76,242; (1987) 11 Fam. L.R. 765 McKee v. McKee (1951) A.C. 352 N and S and the Separate Representative (1996) FLC 92-655 Re W Abuse Allegations; Expert Evidence (2001) FLC 93-085 Re W (Sex Abuse: Standard of Proof) [2004] FamCA 768, FLC 93-192 Reynolds v. Reynolds (1973) 47 A.L.J.R. 499; 1 A.L.R. 318; S v S [1993] NZFLR 657 TF and JF and Children’s Representative [2005] FamCA 394 V and V [2004] FamCA 1081 Vasser & Taylor-Black [2007] FamCA 547 W and W (abuse allegations: unacceptable risk) [2005] Fam CA 892; (2005) FLC 93-235; (2005) 34 Fam LR 129 WK v SR (1997) FLC 92-787, 22 FamLR 592 |
| Applicant: | MR FARINA |
| Respondent: | MS FARINA |
| File Number: | SYC 981 of 2012 |
| Judgment of: | Altobelli FM |
| Hearing date: | 19 June 2012 |
| Date of Last Submission: | 19 June 2012 |
| Delivered at: | Sydney |
| Delivered on: | 20 June 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr Greenaway |
| Solicitors for the Applicant: | Walker Kissane & Plummer Solicitors |
| Counsel for the Respondent: | Ms Coulton |
| Solicitors for the Respondent: | Robyn Sexton & Associates |
ORDERS
The Interim Orders sought in the Mother’s amended Response filed 2 April 2012 be dismissed.
The matter otherwise be stood over to 20 August 2012 at 9am.
IT IS NOTED that publication of this judgment under the pseudonym Farina & Farina is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYC 981 of 2012
| MR FARINA |
Applicant
And
| MS FARINA |
Respondent
REASONS FOR JUDGMENT
Introduction
I provide the following oral reasons in the matter of Farina. This case is about two children, twins [X] and [Y] who are both five years old. The issue before the Court on an interim basis is whether there is an unacceptable risk of abuse arising out of the children having contact with the father, be that supervised or unsupervised.
The applicant father is 37 years old. He is a [occupation omitted]. The respondent mother is 36 years old. She is a [occupation omitted]. They married in 2003 and separated in September 2010. The matter first came before the Court on 2 April 2012 with the presenting issue being contact. The father wanted to regularise this by…
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- AGLC
- Farina and Farina [2012] FMCAfam 666
- Case
- [2012] FMCAfam 666
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the Mother’s interim applications for custody and financial support were justified, and if the Father’s opposition to these applications was well-founded. The court had to consider the welfare and best interests of the child, as well as the respective rights and obligations of the parents under the Family Law Act 1975. This involved an assessment of the evidence presented by both parties, including expert reports and witness testimonies.
In delivering its decision, the court thoroughly examined the evidence and submissions from both parties. The court found that the Mother’s interim applications were not substantiated by the evidence provided and did not align with the best interests of the child. Consequently, the court dismissed the Mother’s interim applications and stood the matter over for further hearing. The decision underscores the court’s commitment to prioritising the welfare of the child in family law disputes.
Orders
Orders of the court
1.
The Interim Orders sought in the Mother’s amended Response filed 2 April 2012 be dismissed.
2.
The matter otherwise be stood over to 20 August 2012 at 9am.
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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