Ferrucci & Kovak (No 4)
[2024] FedCFamC1F 413
•24 May 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Ferrucci & Kovak (No 4) [2024] FedCFamC1F 413
File number(s): SYC 4141 of 2018 Judgment of: SMITH J Date of judgment: 24 May 2024 Catchwords: FAMILY LAW – PARENTING – Consent orders – Father to spend time with the child on one occasion each month, supervised for a period of 12 months – Time to progress to unsupervised after 12 months – Time to be in accordance with the child’s wishes once she attains the age of 13 - Children to spend further supervised time together separate from parties Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.04 Division: Division 1 First Instance Number of paragraphs: 4 Date of hearing: 20 – 24 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:
24 MAY 2024
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 Orders be made in accordance with the document attached hereto.
2.The matter be removed from the list of matters awaiting finalisation and all future listing dates be vacated.
FERRUCCI & KOVAK (P)SYC4141/2018
1.That Z spend time with the father as follows:
1.1For twelve months after the making of these Orders on Father’s Day and Orthodox Easter Sunday and Orthodox Christmas and the third Saturday or Sunday of each month for a period of up to six hours to be facilitated as follows:
a.To be supervised by a professional supervision agency as nominated by the father (except for F Contact Centre) to the mother in writing 28 days in advance;
b.That the mother will do all things necessary to commence the supervision including attending to intake within 48 hours of being notified by the father of the supervision agency;
c.That the day and time will be nominated by the supervision agency;
d.That changeover shall occur as advised by the supervision agency;
e.That the parents shall each pay for their own intake;
f.That the parents shall share the cost of the supervision with payment to be made in accordance with any invoice issued by the supervision agency.
2.That after Z has spend time with the father on twelve occasions pursuant to the above Order, then Z shall spend time with the father :-
a.On the third Sunday of each month from 9am to 5pm with changeover to occur at D Venue.
b.On Father’s Day from 9am to 5pm;
c.On Orthodox Easter Sunday from 9am to 5pm;
d.On Orthodox Christmas;
e.At any other times in accordance with Z’s wishes.
3.That upon Z turning 13 years of age, then any time Z spends with the father shall be in accordance with Z’s wishes.
4.In addition to Order 3a made on 21 May 2024, the children shall spend further time together on the second Sunday of each month to be facilitated as follows:
a.To be supervised by a professional supervision agency as nominated by the father (except for F Contact Centre) to the mother in writing within 28 days of the date of these Orders;
b.That both parents will so all thing necessary to commence supervision including attending to intake within 48 hours of being notified by the father of the supervision agency;
c.That the day and time will be nominated by the supervision agency;
d.That changeover shall occur as advised by the supervision agency;
e.That the parents shall each pay for their own intake;
f.That the parents shall share the cost of the supervision with payment to be made in accordance with any invoice issued by the supervision agency.
5.That each parent is to pay the amount of $7,733.00 to Legal Aid NSW within 28 days of the date of these Orders being for the costs of the Independent Children’s Lawyer.
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 (No 4) has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
SMITH J:
This matter commenced before me on Monday in respect of property and parenting.
The property has resolved. Most of parenting resolved at the start of the trial. The last two outstanding issues which relate to the time Z should spend with her father, and the time the children should spend with each other, have resolved.
I do not think it will be of any assistance to anyone for me to go through the evidence, other than to say that I am more than comfortably satisfied that these are eminently sensible terms of settlement which appropriately reflect the evidence, including the expert’s evidence to which great weight has clearly been given by the parties, and which evidence I considered very sensible and persuasive.
I will make those orders by consent.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Smith. Associate:
Dated: 18 June 2024
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