Geddes & Cunningham

Case [2021] FedCFamC2F 326


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)

Geddes & Cunningham [2021] FedCFamC2F 326

File number(s): PAC 5153 of 2020
Judgment of: JUDGE NEWBRUN
Date of judgment: 4 November 2021
Catchwords: FAMILY LAW – interim parenting – best interests of children – Orders made
Legislation: Family Law Act 1975 (Cth), ss 60B, 60CA, 60CC
Cases cited:

Goode & Goode [2006] FamCA 1346; (2006) FLC 93-286
Marvel & Marvel (No 2) [2010] FamCAFC 101
Eaby & Speelman [2015] FamCAFC 104
Salah & Salah [2016] FamCAFC 100
Cimorelli & Wenlack [2020] FamCAFC 58
Banks & Banks [2015] FamCAFC 36

Saif & Saif [2020] FamCA 119

Division: Division 2 Family Law
Number of paragraphs: 140
Date of last submission/s: 17 August 2021
Date of hearing: 17 August 2021
Place: Parramatta
Solicitor for the Applicant: Mr Reeve
Solicitor for the Second Respondent: Ms Vincent
Solicitor for the Third and Fourth Respondent: Ms Swan
Solicitor for the Independent Children’s Lawyer Ms Rutkowska

ORDERS

PAC 5153 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR GEDDES

Applicant

AND:

MS CUNNINGHAM

First Respondent

MR SHAW

Second Respondent

MS ROBBS (and others named in the Schedule)

Third Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

4 NOVEMBER 2021

PENDING FURTHER ORDER THE COURT ORDERS THAT:

1.X born in 2019 (X) and Y born in 2020 (Y) shall live with the Maternal Grandparents.

2.X shall spend time with the Second Respondent Father as agreed between the Second Respondent Father and the Maternal Grandparents, and in the absence of agreement, from Sunday at 5 PM to Thursday at 9 AM.

3.Y shall spend time with the Applicant Father on two occasions each week, for a period of three hours on each occasion, supervised by the Maternal Grandfather, at times as agreed between the Applicant Father and the Maternal Grandparents, and failing agreement each Monday and Wednesday from 10 AM until 1 PM at the Suburb B Community Centre, C Street, Suburb B, NSW.

4.Pursuant to section 62G(2) of the Family Law Act 1975 the parties and the children of the relationship shall attend upon a family consultant nominated by the Dispute Resolution Coordinator of the Federal Circuit Court of Australia on a date and at time/s to be advised for the purposes of the preparation of a family report, such report to be released by August 2022.

5.The Family Report shall deal with the following matters:

(a)Any views expressed by the child(ren) the subject of parenting orders sought in this case, provided that the child/ren shall not be required to express a view in relation to any matter.

(b)The nature of the relationships of the child(ren) with each of the child(ren)’s parents and with significant other persons;

(c)The willingness and ability of each of the child(ren)’s parents to facilitate and encourage a close and continuing relationship between the child(ren) and the other parent.

(d)The likely effect of any changes in the child(ren)’s circumstances, including the likely effect on the child(ren) of any…

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AGLC
Geddes & Cunningham [2021] FedCFamC2F 326
Case
[2021] FedCFamC2F 326
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 2) was tasked with resolving an interim parenting dispute involving Mr Geddes, Ms Cunningham, Mr Shaw, and Ms Robbs. The applicants, Mr Geddes and Ms Cunningham, were seeking orders regarding the care and contact arrangements for their two children, X and Y. The central issue before the court was to determine the best interests of the children, considering their relationships with each parent and the grandparents, and the potential impact of changes in their circumstances. The court had to weigh the parents' and grandparents' capacity to meet the children's needs, including their emotional and intellectual requirements.

Judge Newbrun carefully examined the evidence presented, focusing on the children's relationships with their parents and grandparents, the practical difficulties of contact arrangements, and the impact of any changes on the children. The court considered the parents' willingness and ability to facilitate a close and continuing relationship between the children and the other parent, as well as the maturity, sex, and background of the children. The court concluded that the children would benefit from residing with the maternal grandparents but also needed supervised contact with both parents, taking into account the specific circumstances of each case. The court ordered a family report to provide further insights into the children's needs and the parents' capacity to meet those needs.

In its orders, the court determined that the children would live with the maternal grandparents. Mr Geddes was granted supervised contact with Y, and Mr Shaw was allowed contact with X, with specific arrangements for times and locations. The court mandated that a family report be prepared by a consultant, focusing on various aspects of the children's best interests, including their views, relationships, and the impact of changes. The parents and children were required to attend all appointments with the consultant. The proceedings were adjourned pending the release of the family report, with a mention scheduled for August 2022. The court's decision aimed to ensure the children's well-being and foster their relationships with both parents.

Orders

Orders of the court

PAC 5153 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR GEDDES

Applicant

AND:

MS CUNNINGHAM

First Respondent

MR SHAW

Second Respondent

MS ROBBS (and others named in the Schedule)

Third Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

4 NOVEMBER 2021

PENDING FURTHER ORDER THE COURT ORDERS THAT:

1. X born in 2019 (X) and Y born in 2020 (Y) shall live with the Maternal Grandparents.

2. X shall spend time with the Second Respondent Father as agreed between the Second Respondent Father and the Maternal Grandparents, and in the absence of agreement, from Sunday at 5 PM to Thursday at 9 AM.

3. Y shall spend time with the Applicant Father on two occasions each week, for a period of three hours on each occasion, supervised by the Maternal Grandfather, at times as agreed between the Applicant Father and the Maternal Grandparents, and failing agreement each Monday and Wednesday from 10 AM until 1 PM at the Suburb B Community Centre, C Street, Suburb B, NSW.

4. Pursuant to section 62G(2) of the Family Law Act 1975 the parties and the children of the relationship shall attend upon a family consultant nominated by the Dispute Resolution Coordinator of the Federal Circuit Court of Australia on a date and at time/s to be advised for the purposes of the preparation of a family report, such report to be released by August 2022.

5. The Family Report shall deal with the following matters:

(a) Any views expressed by the child(ren) the subject of parenting orders sought in this case, provided that the child/ren shall not be required to express a view in relation to any matter.

(b) The nature of the relationships of the child(ren) with each of the child(ren)’s parents and with significant other persons;

(c) The willingness and ability of each of the child(ren)’s parents to facilitate and encourage a close and continuing relationship between the child(ren) and the other parent.

(d) The likely effect of any changes in the child(ren)’s circumstances, including the likely effect on the child(ren) of any separation from:

(i) either of the parents: or

(ii) any other child, or significant person, with whom the child(ren) has/have been living.

(e) The practical difficulty and expense of the child(ren) spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child(ren)’s right to maintain personal relations and direct contact with both parents on a regular basis.

(f) The capacity of each parent, or another person, to provide for the needs of the child(ren), including emotional and intellectual needs.

(g) The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) other child(ren) and of either of the child(ren)’s parents and any other characteristics of the child(ren) that the reporter thinks are relevant.

(h) Each parent’s attitude to the child(ren) and to the responsibilities of parenthood.

(i) Any family violence involving the child(ren) or a member of the child(ren)’s family.

6. The parties shall attend all appointments with the Family Consultant and shall ensure the subject child/ren attend all appointments with the Family Consultant, as requested by the Family Consultant.

7. The Family Consultant may inspect the Court file, and any documents produced on subpoena access to which has been granted to a party or the Independent Children’s Lawyer.

8. The proceedings are adjourned for mention following release of the Family Report to a date in August 2022.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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