Gordon and Junee - [2012] FamCA 12

FAMILY COURT OF AUSTRALIA

GORDON & JUNEE

[2012] FamCA 12

FAMILY LAW – CHILDREN – where there was a finding of significant family violence - where the mental status of the father significantly compromised his ability to adequately function as a parent – where the mental status of the father meant that any future interaction of the parents of the children would exacerbate the mother’s personality vulnerabilities and impair her ability to function as a parent – where a detailed examination of the history of the parties’ interaction and parenting led to the conclusion that it was in the best interests of the children for them not to have any face to face time with their father (even on a supervised basis) nor any direct communication with their father

Family Law Act 1975 (Cth)

APPLICANT:

Ms Gordon

RESPONDENT:

Mr Junee

INDEPENDENT CHILDREN’S LAWYER:

Terry Newman

FILE NUMBER:

CSC

431

2010

DATE DELIVERED:

12 January 2012

PLACE DELIVERED:

Sydney

PLACE HEARD:

Cairns and Sydney

JUDGMENT OF:

Watts J

HEARING DATE:

2 - 5 August 2011 (Cairns)
23 November 2011 (Sydney)

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Benson

SOLICITOR FOR THE APPLICANT:

Legal Aid Queensland

SOLICITOR FOR THE RESPONDENT:

Litigant in person

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

Mr Victoirre

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Newman Family Law

Orders

All previous parenting orders be discharged.
The children J JUNEE born … July 2003 and K JUNEE born … September 2006 live with the mother.
The mother have sole parental responsibility for the children.
The father not spend any face to face time with the children and that he not communicate with the children other than:
4.1.by way of gifts and cards on each of the children’s birthdays and Christmas Day and unless the mother forms the view that the gift is inappropriate or that the message on the card is inappropriate, the mother shall ensure that the child receives the gift or card that the father has sent.
The father be restrained from:
5.1.contacting any school or organisation at which the children attend to seek any information about the children’s whereabouts or living arrangements; and
5.2.contacting any school or organisation at which the children attend to express his dissatisfaction with their attendance.
The mother provide to the father copies of the children’s school reports twice each year and a copy of each of the children’s school photographs every 12 months.
When the children are each respectively 14 years of age, the mother is to provide to each of the children at that time, contact details which she has for the father and is to indicate to each of the children at that time that they are free to make contact with their father if they wish to do so.
The mother ensure that her son B is not left alone with either of the children and that when he is with the children he is supervised by an adult at all times.
The mother shall from time to time…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Gordon and Junee

Details

AGLC: Gordon and Junee [2012] FamCA 12
Case: [2012] FamCA 12
Decision Date: 12 January 2012

CaseChat Overview and Summary

In the matter of *Gordon and Junee*, Watts J considered parenting orders concerning two children, J and K Junee. The dispute involved the arrangements for the children's living situation, parental responsibility, and the extent of the father's contact with them.

The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of where the children would live, who would have parental responsibility, the nature and extent of the father's direct and indirect contact with the children, and the father's ability to seek information about the children. The court also had to consider orders relating to the supervision of the children and the provision of certain information to the father.

Watts J ordered that all previous parenting orders be discharged. The children were to live with the mother, who was granted sole parental responsibility. The father was prohibited from any face-to-face contact with the children, with communication limited to gifts and cards on birthdays and Christmas, subject to the mother's approval of appropriateness. The father was also restrained from contacting the children's schools or organisations to obtain information or express dissatisfaction. The mother was ordered to provide the father with school reports twice yearly and school photographs annually. Upon each child turning 14, the mother was to provide them with the father's contact details and inform them they were free to contact him. The mother was also ordered to ensure her son B was not left alone with the children and was supervised by an adult when present. The mother was to provide a mailing address for gifts and cards, and the father was to use this to provide his contact details. Finally, the court included particulars of obligations, consequences of contravention, and assistance details as per ss.65DA(2) and 62B of the relevant legislation.

Orders

Orders of the court

All previous parenting orders be discharged.

The children J JUNEE born … July 2003 and K JUNEE born … September 2006 live with the mother.

The mother have sole parental responsibility for the children.

The father not spend any face to face time with the children and that he not communicate with the children other than:

4.1. by way of gifts and cards on each of the children’s birthdays and Christmas Day and unless the mother forms the view that the gift is inappropriate or that the message on the card is inappropriate, the mother shall ensure that the child receives the gift or card that the father has sent.

The father be restrained from:

5.1. contacting any school or organisation at which the children attend to seek any information about the children’s whereabouts or living arrangements; and

5.2. contacting any school or organisation at which the children attend to express his dissatisfaction with their attendance.

The mother provide to the father copies of the children’s school reports twice each year and a copy of each of the children’s school photographs every 12 months.

When the children are each respectively 14 years of age, the mother is to provide to each of the children at that time, contact details which she has for the father and is to indicate to each of the children at that time that they are free to make contact with their father if they wish to do so.

The mother ensure that her son B is not left alone with either of the children and that when he is with the children he is supervised by an adult at all times.

The mother shall from time to time keep the father informed as to a mailing address to which he can send gifts and cards and the father shall use this mailing address to keep the mother informed from time to time of his contact details.

10.

The mother is discharged from the undertaking given to Federal Magistrate Willis on 10 August 2010.

11.

Pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

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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