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…
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- AGLC
- Galvis & Galvis (No 2) [2024] FedCFamC2F 557
- Case
- [2024] FedCFamC2F 557
- Decision Date
CaseChat Overview and Summary
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
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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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