FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Goda & Karnik [2024] FedCFamC2F 604
File number(s): PAC 2901 of 2021 Judgment of: JUDGE OBRADOVIC Date of judgment: 16 May 2024 Catchwords: FAMILY LAW – PARENTING – Finding of family violence – Whether mother’s parenting impacted by father spending time – Presumption of equal shared parental responsibility rebutted – Whether the child spends time with the father and whether such time be supervised – Injunctions ordered – The child’s time with the father suspended in certain circumstances Legislation: Family Law Act 1975 (Cth) ss 60CC, 60CA, 61DA, 68B Cases cited: Banks & Banks [2015] FamCAFC 36
Blinko & Blinko [2015] FamCAFC 146
Isles v Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
M & M (1989) 166 CLR 69
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
Slater & Light [2011] FamCAFC 1
Division: Division 2 Family Law Number of paragraphs: 165 Date of hearing: 6-9 November 2023, 22 February 2024 Place: Parramatta Counsel for the Applicant: Mr Moutasallem Solicitor for the Applicant: Avondale Lawyers Counsel for the Respondent: Mr Hegedus Solicitor for the Respondent: Circle Bridge Legal Counsel for the Independent Children's Lawyer: Ms Yu Solicitor for the Independent Children's Lawyer: Harb Lawyers ORDERS
PAC 2901 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR GODA
Applicant
AND: MS KARNIK
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
16 MAY 2024
THE COURT ORDERS THAT:
1.The Respondent (“mother”) shall have sole parental responsibility for the child X, born in 2019 (“child”).
2.The child shall live with the mother.
3.Subject to orders 6 and 7 below, the child is to spend time with the Applicant (“father”) as follows:
(a)For a period of 12 months from the date of these orders:
(i)Supervised by B Contact Service or another professional supervision service as agreed between the parents in writing; and
(ii)For 2 hours each month on a date and time as agreed between the parents and the supervising service.
(b)Thereafter:
(i)In the presence of the paternal grandmother Ms C or either of the paternal aunts, Ms D or Ms E; and
(ii)For 4 hours on the first Sunday of each month at times as agreed between the parents in writing, and failing agreement, from 12noon to 4pm.
4.For the purposes of order 3(a):
(a)The father is to bear the costs of supervision; and
(b)Each parent must:
(i)Contact the supervision service within seven (7) days of these orders to arrange an appointment for assessment for suitability;
(ii)Attend the assessment;
(iii)Comply with any appointment made by the service;
(iv)Comply with all reasonable rules of the service; and
(v)Comply with all reasonable requests or directions of the staff of the service.
5.For the purposes of order 3(b) changeover shall occur at a place nominated by the mother, with such nomination to occur no later than 24 hours before time is to occur.
6.Pursuant to s.68B…
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CaseChat Overview and Summary
The court found that family violence had occurred, which influenced the mother's capacity to parent effectively. Consequently, the presumption of equal shared parental responsibility was rebutted, and the mother was granted sole parental responsibility for the child. The court ordered that the child would spend time with the father under specific conditions, including supervised visits for the first 12 months and thereafter, in the presence of specified family members. The father was also required to bear the costs of supervision and comply with various conditions to ensure the safety and well-being of the child. Furthermore, the court issued several injunctions to protect the mother and the child from the father's potentially harmful actions and communications.
In its judgment, the court highlighted the importance of ensuring the child's safety and stability, given the history of family violence. The orders reflect a balanced approach, aiming to facilitate the father's involvement in the child's life while mitigating risks associated with his past conduct. The court's decision includes provisions for the immediate and permanent suspension of the father's parenting time if he is found guilty of certain offences or breaches related to family violence or protection orders.
The final orders grant sole parental responsibility to the mother, outline specific conditions for the father's time with the child, impose various restrictions and requirements on the father, and provide mechanisms for the suspension or staying of parenting time in certain circumstances.
Orders
Orders of the court
PAC 2901 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR GODA
Applicant
AND:
MS KARNIK
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
16 MAY 2024
THE COURT ORDERS THAT:
1. The Respondent (“mother”) shall have sole parental responsibility for the child X, born in 2019 (“child”).
2. The child shall live with the mother.
3. Subject to orders 6 and 7 below, the child is to spend time with the Applicant (“father”) as follows:
(a) For a period of 12 months from the date of these orders:
(i) Supervised by B Contact Service or another professional supervision service as agreed between the parents in writing; and
(ii) For 2 hours each month on a date and time as agreed between the parents and the supervising service.
(b) Thereafter:
(i) In the presence of the paternal grandmother Ms C or either of the paternal aunts, Ms D or Ms E; and
(ii) For 4 hours on the first Sunday of each month at times as agreed between the parents in writing, and failing agreement, from 12noon to 4pm.
4. For the purposes of order 3(a):
(a) The father is to bear the costs of supervision; and
(b) Each parent must:
(i) Contact the supervision service within seven (7) days of these orders to arrange an appointment for assessment for suitability;
(ii) Attend the assessment;
(iii) Comply with any appointment made by the service;
(iv) Comply with all reasonable rules of the service; and
(v) Comply with all reasonable requests or directions of the staff of the service.
5. For the purposes of order 3(b) changeover shall occur at a place nominated by the mother, with such nomination to occur no later than 24 hours before time is to occur.
6. Pursuant to s.68B of the Family Law Act 1975 (Cth) the father is restrained by injunction from:
(a) Approaching or contacting the mother or the child, or causing any third party to do so, unless in accordance with these Orders;
(b) Attending, entering or remaining within 50 metres of any school attended by the child, or causing any third party to do so;
(c) Attending, entering or remaining within 50 metres of the mother’s home or workplace, or causing any third party to do so;
(d) Consuming illicit substances within 24 hours of the child spending time with him;
(e) Using physical discipline on the child, or causing, permitting or allowing any third party to do so;
(f) Discussing these proceedings with the child, or causing, permitting or allowing any third party to do so;
(g) Showing the child any documents pertaining to these proceedings or causing, permitting, or allowing any third party to do so; and
(h) Denigrating the mother or her family in the presence or hearing of the child, or causing, permitting, or allowing any third party to do so.
7. Orders 3 and 4 above are immediately and permanently stayed if the father is found guilty of:
(a) Any offence of violence and/or any offence of stalking or intimidation against the mother and/or child; and/or
(b) Any breach of apprehended domestic violence order or any order for the protection of the mother and/or child.
8. Orders 3 and 4 above are immediately suspended if the father is:
(a) Alleged to have contravened any of the injunctions in order 6 above, such that an application alleging such contravention is filed and proceedings are commenced;
(b) Charged with any breach of an apprehended domestic violence order or of any order for the protection of the mother and/or child; and/or
(c) Charged with any offence of violence and/or any offence of stalking or intimidation against the mother and/or child,
pending the outcome of those charges and any proceedings.
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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