George & George

Case [2013] FamCAFC 182


FAMILY COURT OF AUSTRALIA

GEORGE & GEORGE [2013] FamCAFC 182

FAMILY LAW - APPEAL – CHILDREN – where an interim parenting order for supervised time significantly changed previous interim orders – where concerns were expressed in a single expert report about potential abduction or more serious outcomes for the child – where the trial judge identified the risk – where there was untested but adequate evidence upon which to make the order – where the trial judge had given adequate reasons – appeal dismissed – order for costs in the mother’s favour.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

Deiter & Deiter [2011] FamCAFC 82
Goode & Goode (2006) FLC 93-286
Hannigan & Sorraw [2010] FamCAFC 257
M & M (1988) FLC 91-979

APPELLANT: Mr George
RESPONDENT: Ms George
FILE NUMBER: SYC 7795 of 2012
APPEAL NUMBER: EA 135 of 2013
DATE DELIVERED: 22 November 2013
PLACE DELIVERED: Hobart
PLACE HEARD: Sydney
JUDGMENT OF: Faulks DCJ, Thackray and Watts JJ
HEARING DATE: 13 November 2013
LOWER COURT JURISDICTION: Federal Circuit Court
LOWER COURT JUDGMENT DATE: 10 September 2013
LOWER COURT MNC: [2013] FCCA 1551

REPRESENTATION

COUNSEL FOR THE APPELLANT: Ms Messner
SOLICITOR FOR THE APPELLANT: Kells The Lawyers
COUNSEL FOR THE RESPONDENT: Mr Anderson
SOLICITOR FOR THE RESPONDENT: Watts McCray Lawyers

Orders

  1. Appeal EA 135 of 2013 is dismissed.

  2. The Appellant father pay the Respondent mother’s costs of and incidental to the appeal, on a party/party basis as agreed or, in default of agreement, as assessed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym
George & George has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY

Appeal Number: EA 135 of 2013
File Number: SYC 7795 of 2012

Mr George

Appellant

And

Ms George 

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

  1. Mr George (“the father”) appeals against orders made by Judge Terry on 10 September 2013 in parenting proceedings relating to the child C born August 2005. 

  2. As a result of the orders made by her Honour, parenting arrangements that had initially been the subject of agreement, and then confirmed by interim consent orders made on 11 February 2013, were significantly varied.

  3. The orders at the time of the hearing before her Honour provided for C to spend equal time with each of her parents on a week-about basis. The order made on 10 September 2013 suspended those arrangements and provided that the child remain with Ms George (“the mother”) and spend supervised time with the father for two hours each alternate Saturday at a contact service.

BACKGROUND

  1. The parents met in 1997 and were in a relationship from around the end of that year. They married in August 2000 and separated under the one roof in February 2012. The mother left the matrimonial home in March 2012.

  2. From the date of physical separation until the date of the hearing, the child lived…

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AGLC
George & George [2013] FamCAFC 182
Case
[2013] FamCAFC 182
Decision Date

CaseChat Overview and Summary

The appeal in the case of George & George was brought by the father, Mr George, against orders made by the trial judge that varied interim parenting orders significantly. The orders in question changed the arrangements for the child C, born August 2005, from an equal time split between the parents to a primary residence with the mother, Ms George, and supervised visits with the father. The appeal was brought against the orders made on 10 September 2013 in the Federal Circuit Court. The Full Court of the Family Court of Australia dismissed the appeal and ordered the father to pay the mother's costs of and incidental to the appeal on a party/party basis as agreed or, in default of agreement, as assessed.

The appeal centred on several legal issues, including whether the trial judge erred in finding that the father posed an unacceptable risk of harm to the child, whether there was adequate evidence to support a change in the parenting arrangements, whether the trial judge gave adequate reasons for her decision, and whether the change in arrangements would be devastating for the child. The Full Court found that the trial judge correctly interpreted the expert report, appropriately balanced the risks and benefits of the proposed change in arrangements, and provided adequate reasons for her decision. The Full Court concluded that the father had not made good any ground of appeal, and the appeal was dismissed. Given the father's lack of success in the appeal and his financial advantage over the mother, the Full Court ordered the father to pay the mother's costs of and incidental to the appeal.

Orders

Orders of the court

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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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