Galvis & Galvis (No 2) - [2024] FedCFamC2F 557

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Galvis & Galvis (No 2) [2024] FedCFamC2F 557

File number(s): PAC 6181 of 2022

Judgment of: JUDGE NEWBRUN

Date of judgment: 7 May 2024

Catchwords: FAMILY LAW – PARENTING – Rice & Asplund – threshold hearing relating to the mother commencing fresh parenting proceedings.

Cases cited:
Barr & Barr (No 3) [2023] FedCFamC1F 873

Mahoney v Dieter(No 3) [2022] FedCFamC1F 151

Rice & Asplund [1978] FamCAFC 128

Division: Division 2 Family Law

Number of paragraphs: 39

Date of hearing: 19 April 2024

Place: Parramatta

Counsel for the Applicant: Mr Ahmad

Solicitor for the Applicant: Coleman Greig Lawyers

Counsel for the Respondent: Mr Baston

Solicitor for the Respondent: Hills Family Law Centre
ORDERS

PAC 6181 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS GALVIS

Applicant

AND:
MR GALVIS

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

7 MAY 2024

PENDING FURTHER ORDER THE COURT ORDERS THAT:
1.The mother is granted leave to commence fresh parenting proceedings seeking interim orders as set out in her Minute of Orders sent to the Court on 19 April 2024.
2.Within 7 days, the mother is to file an Amended Application in a Proceeding embodying the above Minute of Orders.
3.Within a further 14 days, the father is to file any Amended Response to the above Application in a Proceeding.
4.The matter is listed for directions hearing on 3 June 2024 at 9.30 am.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
INTRODUCTION AND BACKGROUND

This threshold hearing relates to final parenting orders made by the Court on 27 March 2023, by consent of the parties, in relation to the children W (aged 13), X (aged 11), Y (aged 9), and Z (aged 9) (“the children”).
The mother, ultimately relying on a proposed Minute of Orders sent to the Court on 19 April 2024 (she had initially filed an Application in a Proceeding on 31 October 2023), is seeking to, inter alia, suspend certain of those final parenting orders relating to the children spending time with the father, on the basis of her contention that there has been a significant change in circumstances since the…

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 Galvis & Galvis (No 2)

Details

AGLC: Galvis & Galvis (No 2) [2024] FedCFamC2F 557
Case: [2024] FedCFamC2F 557
Decision Date: 7 May 2024

CaseChat Overview and Summary

Ms Galvis has applied for leave to commence fresh parenting proceedings against Mr Galvis, the father of her two children. The application was heard in Division 2 of the Federal Circuit and Family Court of Australia. The primary legal issue before the court was whether the mother had satisfied the threshold requirements under Part XIVB of the Family Law Act 1975 (Cth) to initiate new parenting proceedings. The court had to consider whether the mother's application demonstrated a significant change in circumstances since the last parenting order was made, warranting a fresh hearing.

Judge Newbrun found that the mother had established a significant change in circumstances, including a deterioration in the father's parenting and the children's safety concerns. The court acknowledged the mother's evidence regarding the father's alcohol consumption and aggressive behaviour, which were not present in the previous proceedings. Based on these findings, the court granted the mother leave to commence fresh parenting proceedings and outlined specific steps for the next stages of the litigation. This included the mother filing an Amended Application within 7 days, the father responding within 14 days, and the setting of a directions hearing for 3 June 2024.

The court's decision reflects a careful consideration of the welfare and safety of the children, emphasising the importance of addressing significant changes in circumstances that impact parenting arrangements. The final orders reflect the court's intention to facilitate a prompt resolution of the new issues raised by the mother.

Orders

Orders of the court

PAC 6181 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS GALVIS

Applicant

AND:

MR GALVIS

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

7 MAY 2024

PENDING FURTHER ORDER THE COURT ORDERS THAT:

1. The mother is granted leave to commence fresh parenting proceedings seeking interim orders as set out in her Minute of Orders sent to the Court on 19 April 2024.

2. Within 7 days, the mother is to file an Amended Application in a Proceeding embodying the above Minute of Orders.

3. Within a further 14 days, the father is to file any Amended Response to the above Application in a Proceeding.

4. The matter is listed for directions hearing on 3 June 2024 at 9.30 am.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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.

File number(s):	PAC 6181 of 2022
Judgment of:	JUDGE NEWBRUN
Date of judgment:	7 May 2024
Catchwords:	FAMILY LAW – PARENTING – Rice & Asplund – threshold hearing relating to the mother commencing fresh parenting proceedings.
Cases cited:	Barr & Barr (No 3) [2023] FedCFamC1F 873 Mahoney v Dieter(No 3) [2022] FedCFamC1F 151 Rice & Asplund [1978] FamCAFC 128
Division:	Division 2 Family Law
Number of paragraphs:	39
Date of hearing:	19 April 2024
Place:	Parramatta
Counsel for the Applicant:	Mr Ahmad
Solicitor for the Applicant:	Coleman Greig Lawyers
Counsel for the Respondent:	Mr Baston
Solicitor for the Respondent:	Hills Family Law Centre

PAC 6181 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS GALVIS Applicant
AND:	MR GALVIS Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	7 MAY 2024