FEDERAL CIRCUIT COURT OF AUSTRALIA
| GAGLIO & WALBURNS | [2020] FCCA 2739 |
| Catchwords: FAMILY LAW – Parenting – unacceptable risk – alleged sexual abuse – supervised time – FaceTime communication – injunction. |
| Legislation: Family Law Act 1975 (Cth), ss.4, 4AB, 60B, 60CA, 60CC, 65D, 65DA, 65DAA, 65DAB, 68L & 69ZT Federal Circuit Court Act 1999 (Cth), ss.68, 70 & 71 Evidence Act 1995 (NSW), ss.55, 56, 57, 69 & 140 |
| Cases cited: Goode & Goode [2006] FamCA 1346 M & M (1988) 166 CLR 69 |
| Applicant: | MR GAGLIO |
| Respondent: | MS WALBURNS |
| File Number: | SYC 7474 of 2018 |
| Judgment of: | Judge Kemp |
| Hearing dates: | 29 & 30 April and 1 & 18 May, 10 June & 3 July 2020 |
| Date of Last Submission: | 3 July 2020 |
| Delivered at: | Sydney |
| Delivered on: | 7 October 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Maurice |
| Solicitors for the Applicant: | Fox & Staniland |
| Counsel for the Respondent: | Mr Kelly |
| Solicitors for the Respondent: | Coppertree Family Law |
| Counsel for the Independent Children's Lawyer: | Mr Murray |
| Solicitors for the Independent Children's Lawyer: | Coast Law |
THE COURT ORDERS THAT
By consent, all previous orders made in relation to X born in 2013 (“the child”), pursuant to the Family Law Act 1975 (Cth) (“the Act”), be vacated and discharged.
By consent, the mother have sole parental responsibility for the child.
By consent, the mother inform the father in writing of any major decision that she makes in relation to the child’s medical treatment, education and religion.
By consent, the child live with the mother.
The father spend supervised time with the child as follows:-
(a)For twelve (12) months from the date of these orders, for three (3) hours every two (2) months;
(b)Commencing twelve (12) months from the date of these orders, for three (3) hours every three (3)…
Continue reading GAGLIO & WALBURNS
Sign in free to access the full text
- AGLC
- GAGLIO & WALBURNS [2020] FCCA 2739
- Case
- [2020] FCCA 2739
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate parenting orders, including the allocation of parental responsibility, the child's living arrangements, and the nature and extent of the father's contact with the child. A key issue was the establishment of a framework for supervised time and communication between the father and the child, designed to mitigate any unacceptable risk. The court also considered the discharge of previous orders and the appointment of an Independent Children's Lawyer.
The orders were made by consent of the parties. The mother was granted sole parental responsibility and the child was to live with her. The father was permitted supervised time with the child, with the frequency and duration of this time increasing after twelve months. This supervised time was to be facilitated by an external organisation, with the father bearing the costs. The father was also permitted limited written communication with the child on specific occasions, subject to strict conditions designed to ensure the content was age-appropriate and did not refer to the parents' arrangements or family members. The mother retained the right to review this communication. The father was restrained from any contact beyond that expressly permitted by the orders.
By consent, the mother and father were to provide each other with contact details and inform of any changes. Both parents were granted liberty to obtain information from the child's school. The Independent Children's Lawyer was discharged, and the matter was removed from the active pending cases list.
Orders
Orders of the court
1.
By consent, all previous orders made in relation to X born in 2013 (“the child”), pursuant to the Family Law Act 1975 (Cth) (“the Act”), be vacated and discharged.
2.
By consent, the mother have sole parental responsibility for the child.
3.
By consent, the mother inform the father in writing of any major decision that she makes in relation to the child’s medical treatment, education and religion.
4.
By consent, the child live with the mother.
5.
The father spend supervised time with the child as follows:-
(a) For twelve (12) months from the date of these orders, for three (3) hours every two (2) months;
(b) Commencing twelve (12) months from the date of these orders, for three (3) hours every three (3) months;
(c) The father’s time be supervised by the staff of the organisation known as either B Families or C Families or such other Contact Service (“the supervisor”) as agreed between the parties in writing;
(d) The day, date and time for such contact to occur, is to be determined by the mother, in consultation with the supervisor;
(e) The father be solely responsible for the costs of the supervisor;
(f) The mother and the father forthwith contact and complete any intake assessment or procedures required by the supervisor;
(g) The parties shall comply with all reasonable requests and directions of the supervisor; and
(h) The father’s sister(s) and the father’s mother are permitted to attend the father’s supervised time.
6.
By consent, the father be at liberty to communicate with the child in writing on the child’s birthday, Easter and Christmas.
7.
Such communication, referred to in order 6, may be by a letter or a card and/or a gift on each occasion subject to the following conditions:
(a) the father shall ensure at all times:
(i) that the contents of his communications with the child and gift for the child are age-appropriate;
(ii) that he not refer in such communications to the mother or any member of the mother's family; and
(iii) that he not make any comment which refers to the previous or existing living arrangements for the child or propose changes to those arrangements.
8.
The father is restrained from contacting the child other than as provided for by orders 5, 6 and 7, above.
9.
Up until the child turns 13 years of age, the mother shall be entitled to read any written communication and examine any gift herself or by arrangement with any adult nominated by her have that person review correspondence and gifts and, in the event that she considers the communication does not comply with these orders, shall return the material to the father.
10.
The mother provide to the father, within 14 days of today’s date, a copy the child’s National Disability Insurance Scheme (“NDIS”) plan.
11.
By consent, the mother and the father provide each other with their address, telephone number and email address and inform the other in writing of any change thereto.
12.
Both parties be at liberty to obtain any information they may require from the child’s school such as school reports, school photographs and newsletters and these orders are sufficient authority for such purpose.
13.
The appointment of the Independent Children’s Lawyer is discharged.
14.
The matter is, otherwise, removed from the active pending cases list.
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.