GALLOWAY & STEELE - [2015] FamCA 1215

FAMILY COURT OF AUSTRALIA

GALLOWAY & STEELE

[2015] FamCA 1215

FAMILY LAW – CHILDREN – Undefended hearing – Where there is one child who is eight years of age – Where the mother has filed a notice of discontinuance in the substantive proceedings – No appearance by or on behalf of the mother – Where the court is satisfied that there has been substantial compliance with the requirements of natural justice and it is appropriate to deal with the matter undefended – Where final parenting orders had been made in 2011 for equal shared parental responsibility, that the child live with the father, and have no time with the mother for 12 months – Where the father seeks orders for sole parental responsibility – Where there is evidence that the mother has been involved in coaching the child in relation to allegations made by her against the father – Orders made that the father have sole parental responsibility for the child, that the child live with the father and spend time with the mother as agreed.

Family Law Act 1975 (Cth) s 60CC
APPLICANT:	Mr Galloway

RESPONDENT:

Ms Steele

INDEPENDENT CHILDREN’S LAWYER:

Ms Oatley

FILE NUMBER:

SYC

6615

2007

DATE DELIVERED:

17 December 2015

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Loughnan J

HEARING DATE:

17 December 2015

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Ms Donnelly

There was no appearance by or on behalf of the Respondent Mother

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms Oatley

Orders

That these orders be made on an undefended basis.

That Orders made on 8 July 2011 and 18 May 2012 be discharged.

That the father have sole parental responsibility for the child, J Steele-Galloway born … 2007 (“the child”).

That the child live with the father.

That the child spend time with the mother as agreed with the father or as ordered by the court.

That notwithstanding any other order, the child spend time with the father from 9.00 am to 5.00 pm on Father’s Day.

That each parent is restrained from denigrating, or permitting another person to denigrate, the other parent in the presence or within the hearing of the child.

That the child shall be known as “J Steele-Galloway” and each party shall be and is hereby restrained from registering or referring to the child’s family name as any name other than “Steele-Galloway”.

That, until the child turns 10, the parties do all things and sign all documents to place the child’s name on the Airport Watchlist and the Court requests that the Australian Federal Police place the child’s name on the Airport Watchlist at all points of international arrival and departure in Australia.

That in the event the child is significantly ill and/or injured and requiring medical treatment, the party who has the child’s care at that time notify the other party as soon as reasonably practicable and provide the other party with notice as to the contact details as to where the child is being treated, including an…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading GALLOWAY & STEELE

Details

AGLC: GALLOWAY & STEELE [2015] FamCA 1215
Case: [2015] FamCA 1215
Decision Date: 17 December 2015

CaseChat Overview and Summary

The parties to this proceeding were Galloway (the applicant father) and Steele (the respondent mother), concerning their child, J Steele-Galloway. The matter came before Loughnan J on an undefended basis, resulting in the discharge of previous orders made on 8 July 2011 and 18 May 2012.

The court was required to determine the parenting arrangements for the child, including issues of parental responsibility, the child's residence, and the allocation of time spent with each parent. Additionally, the court considered orders relating to the child's surname, the prevention of denigration of either parent, the placement of the child on an Airport Watchlist, notification requirements regarding the child's health and medical practitioners, and dispute resolution mechanisms. The court also addressed the applicant father's legal representative's access to specific police and departmental material.

Loughnan J applied principles of the *Family Law Act 1975* (Cth), including sections 62B and 65DA(2), to make orders that the father have sole parental responsibility for the child and that the child live with the father. The court ordered that the child spend time with the mother as agreed with the father or as otherwise ordered, and specifically that the child spend time with the father on Father's Day. Orders were made to restrain both parents from denigrating each other in the child's presence, to ensure the child's surname remained "Steele-Galloway," and to place the child on an Airport Watchlist until the age of 10. Further orders mandated notification regarding the child's health and medical practitioners, and required parties to attend a round table conference with the Independent Children's Lawyer in the event of disputes, except in urgent circumstances. Leave was granted for the father's legal representative to access specific sensitive material, with strict conditions on its retention and disclosure.

Orders

Orders of the court

That these orders be made on an undefended basis.

That Orders made on 8 July 2011 and 18 May 2012 be discharged.

That the father have sole parental responsibility for the child, J Steele-Galloway born … 2007 (“the child”).

That the child live with the father.

That the child spend time with the mother as agreed with the father or as ordered by the court.

That notwithstanding any other order, the child spend time with the father from 9.00 am to 5.00 pm on Father’s Day.

That each parent is restrained from denigrating, or permitting another person to denigrate, the other parent in the presence or within the hearing of the child.

That the child shall be known as “J Steele-Galloway” and each party shall be and is hereby restrained from registering or referring to the child’s family name as any name other than “Steele-Galloway”.

That, until the child turns 10, the parties do all things and sign all documents to place the child’s name on the Airport Watchlist and the Court requests that the Australian Federal Police place the child’s name on the Airport Watchlist at all points of international arrival and departure in Australia.

10.

That in the event the child is significantly ill and/or injured and requiring medical treatment, the party who has the child’s care at that time notify the other party as soon as reasonably practicable and provide the other party with notice as to the contact details as to where the child is being treated, including an address, contact telephone number and name of the treating hospital, medical centre and/or treating practitioner.

11.

That the father shall notify and keep notified the mother of the names and addresses and telephone contact numbers of each the child’s medical practitioners.

12.

That in the event of any dispute between the parties with regard to the implementation of these Orders, the parties shall attend, in the first instance and prior to commencing court proceedings (except in the event of any urgent issue) a round table conference with the Independent Children’s Lawyer with a view to discussing and resolving the dispute.

13.

That pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

*(14) Leave is granted to the applicant father’s legal representative only to have photocopy access to the material from the New South Wales Police or the Department of Family and Community Services on the condition that the material is retained at all times by that firm and not released to anybody else.

*(15) The Court notes that the purpose of that order is to ensure that there is ready reference to probative material in the case of repeated litigation.

* Amended pursuant to Reg 17.02

of the Family Law Rules 2004 (Cth)

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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