Ferrucci & Kovak (No 3)
[2024] FedCFamC1F 346
•21 May 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Ferrucci & Kovak (No 3) [2024] FedCFamC1F 346
File number(s): SYC 4141 of 2018 Judgment of: SMITH J Date of judgment: 21 May 2024 Catchwords: FAMILY LAW - PARENTING – Where parties and ICL reached consent orders as to certain issues - both children to live with mother – mother to have parental responsibility for major long-term decisions – mother to consult father ahead of making any long-term decisions – children to spend time together with adult sibling in the absence of the parents – 17 year old to spend time and communicate with father according to her wishes – 9 year olds time and communication with father remains for final hearing. Cases cited: Ferrucci & Kovak (No 2) [2024] FedCFamC1F 343 Division: Division 1 First Instance Number of paragraphs: 7 Date of hearing: 20–21 May 2024 Place: Parramatta Counsel for the Applicant: Mr Katsinas Solicitor for the Applicant: Jordan Djundja Lawyers Counsel for the Respondent: Mr Cairns Solicitor for the Respondent: Hutchison Lawyers Counsel for the Independent Children's Lawyer: Mr Allen Solicitor for the Independent Children's Lawyer: Jlm Family Lawyers Pty Ltd ORDERS
SYC 4141 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR KOVAK
Applicant
AND: MS FERRUCCI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
SMITH J
DATE OF ORDER:
21 MAY 2024
BY CONSENT AND ON A FINAL BASIS THE COURT ORDERS THAT:
1.Pursuant to Rule 10.04 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), Final Parenting Orders be made in accordance with the document attached hereto.
THE COURT NOTES THAT:
A.The attached consent orders resolve significant issues in dispute in the parenting proceedings.
B.The outstanding issues in dispute otherwise remain listed for Final Hearing.
KOVAK AND FERRUCCI (P)SYC4141/2018
1.That the mother have sole parental responsibility for the children Y born 2007 and Z born 2014 subject to:
(a)The mother must provide to the father in writing details of any long-term decisions to be made for the children;
(b)The father shall have 48 hours to respond to the mother with his view on the decision to be made;
(c)The mother shall consider the father’s view before making the decision and the mother shall provide to the father the details of the decision made within 48 hours of making such decision.
2.That the children live with the mother.
3.That Y spend time with and communicate with the father in accordance with her wishes.
(a)That the parents shall facilitate the children spending time with their brother X for a period of four hours on the last Sunday of each month with such time to be supervised by both Ms B and Mr C and with such time to occur at any place nominated by Ms B and Mr C.
4.After a period of six months from the date of these Orders, time between the children shall occur unsupervised and in accordance with Order 4 a. below:
(a)The children can spend time together at any reasonable time as arranged between them with the parents to facilitate any such arrangement and failing such arrangement the parents shall facilitate the children spending time together each alternate Sunday afternoon for four hours commencing at 1pm with the children to meet X at D Venue and the mother shall deliver the children to D Venue and allow them to enter the building unaccompanied.
(b)Both parents are hereby restrained from entering D Venue or being present during the children’s time with each other.
5.That the children shall be at liberty to communicate with each other at any reasonable time by way of telephone or electronic means and both parents are hereby restrained from being present during those communications or in any way interfering with those communications including reading those communications without the consent of the children.
6.That for the purpose of communication between the parents, the parents shall use email and within 48 hours of these Orders being made, the parents shall provide to each other an email address and thereafter provide any updates or changes to that email address.
7.That should either of the children become seriously ill or be hospitalised, the mother shall advise the father no later than within 4 hours after any such incident occurs of the children’s location, diagnosis and prognosis and the mother shall thereafter keep the father advised of the children’s condition until they are recovered.
8.That this Order is sufficient for the father to obtain all school information usually available to parents from the children’s schools and all medical information for the children as well as information from providers of the children’s extra-curricular activities.
9.That the mother is to at all times ensure that the father is aware of the name and address of any school that the children attend from time to time.
10.That within 7 days of the date of these Orders, the mother is to provide to the father in writing a list of the names and contact details of all treating medical professionals and the mother will keep the father updated of the children’s medical professionals at all times.
11.That both parents are hereby restrained from speaking negatively about the other parent of a member of the other parents’ household or family to the children or in the presence or hearing of the children.
12.That the parents are hereby restrained from discussing these proceedings or showing the children any document in connection with these proceedings.
13.[Omitted]
NOTATION A: It is noted that the children’s brother X born 2005 is eighteen years of age and is not bound by these Orders but may enjoy the benefit of these Orders to spend time with the children in circumstances where no time is currently being spent.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Ferrucci & Kovak has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
SMITH J:
This matter is listed before me for final hearing, originally in respect of property and parenting. Property settled yesterday and I refer to a short judgment already given,[1] and the orders which were made by consent and have been published.
[1] Ferrucci & Kovak (No 2) [2024] FedCFamC1F 343.
The parenting matter remains extant. The parties, with the assistance of experienced legal advisors together with the Independent Childrens Lawyer (“ICL”) and counsel, have resolved many of the issues that are outstanding.
At the moment, it is unnecessary to go into the full background of the matter, other than to say that in the context of a high conflict case, and having had the benefit of the expert, Dr E’s two reports, alongside her oral evidence including cross-examination, I am comfortably satisfied that the resolution reached by the parties is in the bests interests of the two children who are subject to the proceedings, being Y (born 2007) and Z (born 2014).
Accordingly, I make Orders 1 to 12 and Notation A, as set out in the proposed orders, by consent.
I note that there are still effectively two outstanding issues. The first is the father’s proposal, supported by the ICL, which is that in addition to the supervised time between the children and their brother X in the first six months after these orders are made, there would be an additional fortnightly meeting supervised by F Contact Centre, paid for by the father that would continue for six months. The mother opposes this.
The second outstanding issue, which is much more contentious, is what should happen in terms of Z’s time with the father. The mother maintains a no time proposal. The ICL maintains their preliminary position which was largely in line with the expert’s written and oral opinion. The father has foreshadowed a period of six months supervised time, moving to a year of unsupervised time occurring twice a month, with further time to occur once Z turns 11, with details to be provided in an updated minute of order.
The matter will continue to hearing tomorrow in respect of those issues, but suffice to say the issues that have been resolved have been appropriately resolved, are in the children’s best interests, and I make those orders by consent.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the ex-tempore Reasons for Judgment of the Honourable Justice Smith. Associate:
Dated: 23 May 2024
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