FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Geiger & Geiger [2025] FedCFamC2F 34
File number(s): PAC 6208 of 2022 Judgment of: JUDGE MYERS Date of judgment: 20 January 2025 Catchwords: FAMILY LAW - Parenting proceedings – one child aged six - best interests of child – whether the Father’s time be supervised or unsupervised – court finds that it is in the best interests of the child for the Father’s time to be unsupervised.
FAMILY LAW – Property proceedings - small property pool – where court finds it is just and equitable for Wife to receive 70% of the property pool and Husband 30%
Legislation: Child Support (Assessment) Act 1989 (Cth)
Family Law Act 1975 (Cth) ss 60CC, 60CG, 75(2), 79.
Cases cited: Stanford v Stanford (2012) 247 CLR 108. Division: Division 2 Family Law Number of paragraphs: 114 Date of last submission/s: 22 August 2024 Date of hearing: 20-22 August 2024 Place: Parramatta Solicitor for the Applicant: Browns The Family Lawyers Solicitor for the Respondent: Ad Valorem Law Pty Ltd Solicitor for the Independent Children's Lawyer: Legal Aid NSW ORDERS
PAC 6208 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS GEIGER
Applicant
AND: MR GEIGER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
20 JANUARY 2025
THE COURT ORDERS THAT:
PARENTING
1.That the child X, born in 2018 (“the child”), live with the Mother.
2.That the Mother has sole decision-making responsibility for all major long-term decisions concerning the child, provided the Mother:
(a)Notify the Father of any proposed decision relating to the long-term care and welfare of the child, including but not limited to:
(i)Proposed decisions about the children’s schooling, elective surgery, treatment of chronic conditions, orthodontic treatment and other long-term medical issues affecting the child; and
(ii)Ensure that such notification is given to the Father in writing via the Family Wizard App or other co-parenting app and is given to the Father not less than fourteen (14) days before a final decision is made, except in the case of an emergency.
(b)Takes into consideration any views expressed by the Father in respect of such proposed decisions.
3.Order 2 does not limit the Father’s authority to access records or information regarding the child from the child’s school or medical practitioners.
4.Communications between the parents shall be limited to matters concerning the child only and shall occur via the Family Wizard app or other co-parenting app the parties agree to.
5.Within 14 days of the date of these Orders the parents shall do all acts and things required of them to enrol in and subsequently complete the Parenting After Separation program facilitated by B Centre.
6.Within 14 days of the date of these Orders the parents shall do all acts and things required of them to enrol in and subsequently complete the following courses/programs:
(a)Tuning in to Kids; and
(b)Keeping Kids in Mind.
7.Within 7 days of receipt of the completion certificate for the Courses referred…
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CaseChat Overview and Summary
The court needed to decide several legal issues. First, it had to determine the best living arrangements for the six-year-old child, weighing the welfare and interests of the child against the rights and responsibilities of both parents. Another critical issue was whether the father's time with the child should be supervised or unsupervised, considering the father's past behavior and the need to ensure the child's safety. Additionally, the court had to decide the fair distribution of the couple's property, which included a modest property pool. The court also had to consider the parents' obligations to complete specific parenting and counselling programs.
The court concluded that it was in the child's best interests for the father's time to be unsupervised, given the father's compliance with certain conditions, such as attending counselling and parenting programs. The court found that the mother would have sole decision-making responsibility for major long-term decisions concerning the child, provided she notified the father and considered his views. In terms of property, the court determined that it was just and equitable for the wife to receive 70% of the property pool, while the husband would receive 30%. The court dismissed all outstanding applications and responses, finalising the proceedings.
The court's orders specified that the child would live with the mother, with the father having supervised visitation initially, transitioning to unsupervised visitation upon meeting certain conditions. The mother was granted sole decision-making responsibility for major long-term decisions, with obligations to notify and consider the father's views. Both parents were required to complete specific parenting and counselling programs. The court also ordered the transfer of certain funds and assets between the parties, with each retaining ownership of their respective property. All outstanding applications and responses were dismissed, and the proceedings were removed from the list of matters awaiting finalisation.
Orders
Orders of the court
PAC 6208 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS GEIGER
Applicant
AND:
MR GEIGER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MYERS
DATE OF ORDER:
20 JANUARY 2025
THE COURT ORDERS THAT:
PARENTING
1. That the child X, born in 2018 (“the child”), live with the Mother.
2. That the Mother has sole decision-making responsibility for all major long-term decisions concerning the child, provided the Mother:
(a) Notify the Father of any proposed decision relating to the long-term care and welfare of the child, including but not limited to:
(i) Proposed decisions about the children’s schooling, elective surgery, treatment of chronic conditions, orthodontic treatment and other long-term medical issues affecting the child; and
(ii) Ensure that such notification is given to the Father in writing via the Family Wizard App or other co-parenting app and is given to the Father not less than fourteen (14) days before a final decision is made, except in the case of an emergency.
(b) Takes into consideration any views expressed by the Father in respect of such proposed decisions.
3. Order 2 does not limit the Father’s authority to access records or information regarding the child from the child’s school or medical practitioners.
4. Communications between the parents shall be limited to matters concerning the child only and shall occur via the Family Wizard app or other co-parenting app the parties agree to.
5. Within 14 days of the date of these Orders the parents shall do all acts and things required of them to enrol in and subsequently complete the Parenting After Separation program facilitated by B Centre.
6. Within 14 days of the date of these Orders the parents shall do all acts and things required of them to enrol in and subsequently complete the following courses/programs:
(a) Tuning in to Kids; and
(b) Keeping Kids in Mind.
7. Within 7 days of receipt of the completion certificate for the Courses referred to at Orders 5 and 6, each parent shall cause a copy of their completion certificates to be provided to the other parent.
8. Within 14 days of the date of these Orders, the Father shall do all acts and things required of him to engage in individual counselling with a Psychologist, as follows:
(a) The counselling shall be focused on improving the Father’s parenting skills, addressing his anger management and understanding the effects of Family Violence on the Mother and child.
(b) The Father shall attend for a minimum of eight sessions or more if recommended by the Psychologist.
(c) Once arranged, the Father shall, via the Family Wizard App, provide to the Mother a copy of his Mental Health Care Plan, and evidence of his first appointment with his Psychologist.
(d) When the Father’s counselling with the Psychologist comes to an end, or the Psychologist forms the view that the Father no longer requires counselling, then within 7 days, the Father is to cause a letter from the Psychologist to be provided to the Mother via the Family Wizard app, evidencing the end of his treatment and/or any further recommended therapy.
9. Leave is granted to the legal representative for the Father to provide to the Psychologist (referred to at Order 8 above) a copy of these Orders.
10. The child shall forthwith commence spending time with the Father, as agreed between the parties, and failing agreement, as follows:
(a) Each Wednesday from after school (or 3:00pm) to 6:00pm; and
(b) Each alternate Saturday 10:00am to Sunday 5:00pm.
11. Upon the later of the expiration of 6 months from the date of these orders or compliance with Orders 5, 6, 7, and 8 and until the child turns 18 years of age, the child shall spend time with the Father as follows:
(a) Each Wednesday from after school (or 3:00pm) to 6:00pm; and
(b) Each alternate weekend from after school (or 3:00pm) on Friday to Monday return to school or at 9am.
12. Despite the provision of any other Order, the child spend time with the Father on special occasions, as follows:
(a) On the Saturday immediately after the child’s birthday, between 2:00pm and 6:00pm.
(b) During Easter:
(i) For the first half of the gazetted Easter Day, between 10:00am and 2:00pm in even numbered years.
(ii) For the second half of the gazetted Easter Day, between 2:00pm and 6:00pm in odd numbered years.
(c) During Christmas:
(i) From 6:00pm on Christmas Eve (24 December) to 2:00pm on Christmas Day (25 December), in even numbered years.
(ii) From 2:00pm on Christmas Day (25 December) to 10:00am on Boxing Day (26 December), in odd numbered years.
(d) On Father’s Day as agreed and failing agreement from 9:00am to 5:00pm.
(e) On the Father’s birthday as agreed and failing agreement between 2:00pm and 6:00pm and upon the child attending school and where it is a school day from the collection of school until 6:00pm.
13. When the child commences year 3 at school and provided that the Father has complied with Orders 5, 6, 7 and 8, the child spends time with the Father during NSW Gazetted School Holidays as follows:
(a) For Term 1, from 3:00pm (or after school) on the last day of school until 2:00pm on the middle Saturday of the school holiday period.
(b) For Term 2, from 2:00pm on the middle Saturday of the school holiday period, until the commencement of school (or 9:00am on the first day of school).
(c) For Term 3, from 3:00pm (or after school) on the last day of school until 2:00pm on the middle Saturday of the school holiday period.
(d) For Term 4, for the last three weeks of the school holiday period, commencing at 2:00pm on the middle Saturday of the school holiday period, until 4:00pm on the Sunday before school commences the following year.
14. Upon the Father commencing spending time with the child pursuant to Order 13 above, the Father’s time provided for at Orders 10 and 11 shall be suspended during school holiday periods and the Father shall spend time with the child in accordance with the provisions of Order 13 during school holiday periods. For the purposes of clarity of this Order, once the child commences spending time with the Father pursuant to Order 13 the child shall spend time with the Mother during the school holidays other than at the times the Father spends with the child pursuant to Order 13.
15. When the child is living with the Mother, the child shall communicate with the Father by telephone, facetime or skype, each Friday between 5:00pm and 5:30pm.
16. When the child is spending time with the Father, the child shall communicate with the Mother, each Saturday between 5:00pm and 5:30pm.
17. To facilitate time between the child and the Father in accordance with Orders 10, 11, 12 and 13 and unless otherwise agreed between the parties, changeovers shall occur as follows:
(a) At the child’s school on a day X is attending school; and
(b) At the Maternal Grandparents home at all other times.
18. For the purposes of Order 17(b) above, the Father shall at all times be courteous to the Maternal Grandparents or any other person present at the home of the Maternal Grandparents during the changeover and shall not discuss any other issues, other than any immediate welfare concerns regarding the child.
19. That where applicable, the Father shall ensure that X’s belongings including his school uniform, bag and school equipment are returned to the Mother with X at the conclusion of the period at which he spends time with X.
20. Without admissions and by consent each parent is restrained by way of injunction from:
(a) Denigrating the other parent or members of the other parent’s family in the presence and/or hearing of the child, and shall immediately remove the child from the presence of any other person that is denigrating the parents or members of the child’s family;
(b) Physically disciplining the child;
(c) Interrogating the child in relation to events and or conversations that have occurred in the home of the other parent.
21. If the child becomes ill and/or is injured and in need of medical treatment whilst he is in the Father’s care, the Father is to:
(a) Notify the Mother via the Family Wizard App or other co-parenting app, as soon as practicable (i.e. within 2 hours); and
(b) Provide the Mother with all relevant information including the address, contact telephone number and name of the treating hospital, medical centre and/or treating practitioner.
PROPERTY
22. By way of final property adjustment between the parties pursuant to section 79 of the Family Law Act 1975 (Cth), the parties shall do all acts and things and sign all documents necessary to transfer to the Wife the whole of the sum presently in the trust account of Browns the Family Lawyers ($24,452.19) being the net proceeds of sale of the home of the parties at C Street, Suburb D New South Wales.
23. That otherwise as provided for in these Orders, each party shall forthwith be declared to be the sole legal and beneficial owner of all monies in bank accounts, interest in shares in public or private companies, motor vehicles, real property, chattels, insurance policies, superannuation, furniture, furnishings and the like that stand in that parties name or in that parties possession as at the date of these Orders.
24. All Outstanding Applications and Responses are dismissed, and the proceedings are removed from the List of Matters awaiting finalisation.
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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