FRAMPTON & SAXON

The Family Court of Australia considered an application by Mr Frampton (the Father) and Ms Saxon (the Mother) concerning supervised time with their children. Consent parenting orders made on 26 November 2012 stipulated that pending the availability of the D Town Contact Centre, time with the Father was to be supervised by Mr and/or Ms E, or "such other person as agreed by the Independent Children’s Lawyer". The Es were no longer available, and the Contact Centre's availability was uncertain. The children were represented by an Independent Children’s Lawyer (ICL), Barbara Fox.

The primary legal issue before the Court was to determine a suitable supervisor for the Father's supervised time with the children, given the unavailability of the initially nominated supervisors and the potential delay in accessing the D Town Contact Centre. The Court also considered objections raised by the Mother regarding the ICL's alleged bias, the voluntariness of her consent to the previous orders, and the Father's alleged non-compliance with property orders.

Justice Kent, applying the Family Law Act 1975 (Cth), gave significant weight to the ICL's recommendation. The ICL had interviewed and satisfied herself that Mr B, nominated by the Father, was suitable and capable of acting independently and in the best interests of the children. The Court noted that the previous consent orders contemplated the ICL agreeing to an alternative supervisor if the Es were unavailable. While acknowledging the Mother's objections and her intention to pursue contravention proceedings regarding property orders, the Court prioritised restoring supervised time between the Father and the children. The Court found the ICL's proposal reasonable and in the children's best interests, allowing them to maintain a relationship with their Father.

The Court ordered that Mr B be the supervisor for the Father's supervised time until further order, specifically for the purpose of paragraph 16(a) of the 26 November 2012 Orders. Additionally, by consent, paragraph 20 of the previous orders was amended to grant the ICL liberty to apply on short notice should either parent fail to present themselves and/or the children to Mr C as directed.