Fontaine & Fontaine

[2022] FedCFamC1F 658

Federal Circuit and Family Court of Australia

(DIVISION 1)

Fontaine & Fontaine [2022] FedCFamC1F 658

File number(s):	ADC 2502 of 2020
Judgment of:	KARI J
Date of judgment:	1 June 2022
Catchwords:	FAMILY LAW – PARENTING – Interim hearing –Two children born of the same father but of different mothers – Where one of the children’s parenting arrangements is not in dispute – Where there has been no time-spent between the father and either child for over 12 months – Allegations of family violence between the parties – Where the Father is facing serious criminal charges - Where it is appropriate for time spending to occur at a children’s contact service -  Where the Applicant asserts that the father is a risk to the child – Where supervised time-spending is ordered -  costs reserved.
Cases cited:	Fontaine & Fontaine & Anor [2020] FCCA 3324
Division:	Division 1 First Instance
Number of paragraphs:	50
Date of hearing:	1 June 2022
Counsel for the Applicant:	Ms Ross
Solicitor for the Applicant:	Brian Deegan Lawyers
Counsel for the First Respondent:	Mr Dillon
Solicitor for the First Respondent:	Cifuentes Lawyers
Counsel for the Second Respondent:	Ms Miller
Solicitor for the Second Respondent:	Debra Spizzo & Associates

ORDERS

ADC 2502 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS FONTAINE

Applicant

AND:

MR FONTAINE

Respondent

MS BELL

Intervener

order made by:	KARI J
DATE OF ORDER:	1 June 2022

THE COURT ORDERS THAT:

1.That paragraphs 3, 5, 6, 7 and 9(b) of the Orders dated 8 December 2020 be discharged in relation to the child X (born in 2013) (“the child”).

2.To the extent that it is necessary the parties enrol at the Suburb Q Children's Contact Service within 14 days.

3.That the father spend supervised time with the child at the Suburb O Children's Contact Service at times and dates to be allocated by the said service on a fortnightly basis with each occasion of time spending not to exceed 2 hours, NOTING that supervised time between the father and child will be transferred to and continue at the Suburb Q Children's Contact Service at times and dates to be allocated by the said service on a fortnightly basis with each occasion of time spending not to exceed 2 hours when that service is available.

4.That upon the completion of the first six (6) visits and thereafter at six (6) visit intervals (irrespective of which service these occur at) the first respondent’s solicitor will request an observation report (or if necessary a report from each service) to be provided to the applicant’s solicitor upon receipt.

5.That the first respondent file a copy of the observation report(s) annexed to an affidavit.

6.That the first respondent pay all costs associated with the contact service and any reports provided.

7.That until further order, the father be restrained and an injunction hereby granted restraining him from:

(a)Approaching or being within 200 metres of the mother’s residence or place of employment;

(b)Approaching or being…