Finley & Craig

[2023] FedCFamC2F 546

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Finley & Craig [2023] FedCFamC2F 546

File number:

BRC 15258 of 2019

Judgment of:

JUDGE PARKER

Date of judgment:

12 May 2023

Catchwords:

FAMILY LAW – CONTRAVENTION – failure to comply with orders for communication – inconsistent later family violence order – exposure of child to family violence – reasonable excuse  

Legislation:

Evidence Act 1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 60CC, 69ZT, 70NAC, 70NAE, 70NAF, 70NBA, 70NEB, 70NFA

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 11.68(a)

Domestic and Family Violence Protection Act 2012 (Qld) s 78

Cases cited:

Jets & Maker [2010] FamCAFC 55

Jordan & Jordan (No 2) [2010] FamCA 341

Keehan & Keehan [2019] FamCAFC 250

McClintock & Levier [2009] FamCAFC 62; (2009) FLC ¶93-401;

Division:

Division 2 Family Law

Number of paragraphs:

39

Date of last submissions:

1 May 2023

Date of hearing:

1 May 2023

Place:

Adelaide via Microsoft Teams

Counsel for the Applicant:

Mr Thwaites

Solicitor for the Applicant:

Sterling Law

Counsel for the Respondent:

No appearance

ORDERS

BRC 15258 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS FINLEY

Applicant

AND:

MR CRAIG

Respondent

ORDER MADE BY:	JUDGE PARKER
DATE OF ORDER:	12 MAY 2023

UPON NOTING THAT:

A.The Court finds that the Father contravened order 12(d) the orders of 8 October 2020 as alleged by the Mother at count 2 of the Contravention Application filed on 4 October 2022.

THE COURT ORDERS THAT:

1.The Father:

(a)Enrol in a Parenting Orders Program and provide evidence of enrolment to the Mother within fourteen (14) days;

(b)Complete the program at the earliest available opportunity; and

(c)Provide evidence of completion to the Mother within seven (7) days of completion.

2.Order 9 of the orders of 8 October 2020 is discharged.

3.Communication between the parties in relation to matters concerning the children take place as follows:

(a)The parties communicate only via the Talking Parents co-parenting communication app (‘the app’);

(b)The parties each respond to all communications made by the other using the app within forty-eight (48) hours of the communication being made;

(c)The parties each do all acts and things required to download and sign up for the app within 48 hours of these orders being made; and

(d)The parties each be restrained from swearing or otherwise using abusive language in communications to each other made using the app.

4.In the event that the children or any of them are exposed to family violence in the Father’s care, the Father shall remove the children from the exposure immediately and notify the Mother of such removal forthwith.

5.All extant applications are otherwise 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…