FAMILY COURT OF AUSTRALIA
| FONTAIN & PRETRE (NO. 2) | [2018] FamCA 676 |
| FAMILY LAW – CHILDREN – Child related proceedings – Best interests – Unacceptable risk – Where interim orders for the children to spend substantial and significant time with the father have been made – Where one of the children was found to have a large bruise on her leg and symptoms consistent with infection following time spent with the father – Where medical professionals expressed concerns upon treating the child that she was not earlier referred for examination – Where the child reported that the father had hit her – Where the child had also reported that she had sustained her injuries by falling and other means – Where the mother make an interim application that the children’s time with the father be supervised by a professional service – Court takes a conservative approach in these interim proceedings and makes orders in accordance with the mother’s application. |
| Family Law Act 1975 (Cth) ss. 60CC |
| B & B (1993) FLC 92-357 The Hon. John Fogarty AM, ‘Unacceptable Risk – A return to basics’ (2006) 20 Australian Journal of Family Law 249 |
| APPLICANT: | Ms Fontain |
| RESPONDENT: | Mr Pretre |
| FILE NUMBER: | SYC 5143 of 2018 |
| DATE DELIVERED: | 27 August 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland J |
| HEARING DATE: | 27 August 2018 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Livingstone |
| SOLICITOR FOR THE APPLICANT: | Southern Waters Legal |
| SOLICITOR FOR THE RESPONDENT: | New South Lawyers |
Orders
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
Orders 1 and 2 of the orders made 24 August 2018 be suspended.
Orders 3, 4, 5 and 6 of the orders sought in the mother’s Application in a Case filed on 24 August 2018 be made, as follows:
(a)That X, born … 2014 and Y, born … 2016 (“the children”) shall live with the mother.
(b)That subject to the recommendations of the Family Consultant, the children shall spend time with the father, as follows:
(i)For no less than 6 hours per week to be made up of three 2 hour blocks or two 3 hour blocks, as is able to be accommodated by a nominated supervisor and otherwise agreed between the parties; and
(ii)On significant days, as agreed, for no more than 3 hours at times as can be accommodated by the nominated supervisor.
(c)That the father's time pursuant to these orders be supervised at all times, at the father's sole cost, as follows:
(i)At a supervised Contact Centre to be agreed between the parties, or failing agreement, at the Contact Centre with the shortest waiting period from a list of three proposed by the Applicant mother; or
(ii)By a private…
Continue reading Fontain and Pretre (No. 2)
Sign in free to access the full text
- AGLC
- Fontain and Pretre (No. 2) [2018] FamCA 676
- Case
- [2018] FamCA 676
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to suspend previous orders and, if so, to make new orders regarding the children's residence, the father's time with the children, and the supervision of that time. The court also considered the representation of the children and the service of documents upon the Independent Children's Lawyer.
McClelland J ordered that the previous orders of 24 August 2018 be suspended. New orders were made to the effect that the children shall live with the mother. The father was granted time with the children, subject to the recommendations of the Family Consultant, for a minimum of six hours per week, comprising either three two-hour blocks or two three-hour blocks, to be facilitated by a nominated supervisor and agreed between the parties. Further, the father was permitted to spend no more than three hours with the children on significant days, as agreed, and only if accommodated by the nominated supervisor. Crucially, all of the father's time with the children was to be supervised at his sole cost, either at an agreed supervised contact centre or by a private supervisor nominated by the father from a list provided by the mother. The father was given the liberty to choose between these two supervision methods. The court also ordered that the children be represented pursuant to s 68L of the *Family Law Act 1975* (Cth), requesting Legal Aid NSW to provide that representation, and directed that parties serve all applications and affidavits upon the Independent Children's Lawyer upon their appointment. The proceedings were listed for further mention on 24 September 2018, with liberty to apply granted on 48 hours' written notice.
Orders
Orders of the court
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
1.
Orders 1 and 2 of the orders made 24 August 2018 be suspended.
2.
Orders 3, 4, 5 and 6 of the orders sought in the mother’s Application in a Case filed on 24 August 2018 be made, as follows:
(a) That X, born … 2014 and Y, born … 2016 (“the children”) shall live with the mother.
(b) That subject to the recommendations of the Family Consultant, the children shall spend time with the father, as follows:
(i) For no less than 6 hours per week to be made up of three 2 hour blocks or two 3 hour blocks, as is able to be accommodated by a nominated supervisor and otherwise agreed between the parties; and
(ii) On significant days, as agreed, for no more than 3 hours at times as can be accommodated by the nominated supervisor.
(c) That the father's time pursuant to these orders be supervised at all times, at the father's sole cost, as follows:
(i) At a supervised Contact Centre to be agreed between the parties, or failing agreement, at the Contact Centre with the shortest waiting period from a list of three proposed by the Applicant mother; or
(ii) By a private supervisor from a supervision agency to be agreed between the parties, or failing agreement to be nominated by the Respondent father from a list of three proposed by the Applicant mother.
(d) That for the purposes of order 2c above, the Respondent father shall be at liberty to choose whether supervision should take place in accordance with order 2c(i) or 2c(ii).
3.
Pursuant to s 68L of the Family Law Act 1975 (Cth), the children, X, born … 2014 and Y, born … 2016 be represented and I request that Legal Aid NSW provide that representation.
4.
As soon as each party is notified by the Independent Children’s Lawyer (“ICL”) of the ICL’s appointment, each party shall serve copies of all applications and Affidavits filed by the party upon the ICL.
5.
These proceedings are listed in the Judicial Duty list on 24 September 2018 at 9:30am.
6.
The parties be granted liberty to apply on 48 hours’ written notice to the other party and to the Court.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.