FAMILY COURT OF AUSTRALIA
| GORDON & GORDON | [2015] FamCA 616 |
| FAMILY LAW – CHILDREN – Ex parte – Family Violence – Best Interests – Order that the mother have sole parental responsibility – Order that the children live with the mother and spend no time with the father. FAMILY LAW – PRACTICE AND PROCEDURE – Service – Requirement for service of the application and supporting affidavit on the father is dispensed with. FAMILY LAW – PRACTICE AND PROCEDURE – Publication Orders – Suppression and non-publication Orders made. |
| Family Law Act 1975(Cth) |
| APPLICANT: | Ms Gordon |
| RESPONDENT: | Mr Gordon |
| FILE NUMBER: | BRC | 4477 | of | 2014 |
| DATE DELIVERED: | 29 July 2015 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Forrest J |
| HEARING DATE: | 16 July 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms McDiarmid of Counsel |
| SOLICITOR FOR THE APPLICANT: | Condon Charles Lawyers |
| THE RESPONDENT: | No Appearance |
Orders
These Orders are made on an ex parte basis, the requirement for service of the application and supporting affidavit evidence on the father having been dispensed with.
All previous parenting Orders are discharged.
The mother shall have sole parental responsibility for the children, B born … 2001 and C born … 2002 (“the children”).
The children shall live with the mother and not spend time with the father.
The children’s expired passports previously in the safe keeping of the Court be returned to the mother.
The mother is permitted to remove the children from the Commonwealth of Australia for the purposes of international travel.
The mother is authorised to apply for new Australian passports for each of the children and any requirement for the consent of the father to be obtained for the issue of such passports is dispensed with.
The Court requests that the Australian Federal Police remove the names of the children from the Airport Watch List at all points of international arrivals and departures in Australia should the name of either or both the children, B born … 2001 and C born … 2002, be currently on such List.
An extra sealed copy of these Orders in which the mother is referred to by the name disclosed by her in her affidavit filed by leave in these proceedings on 15 July 2015 be prepared, with a sealed copy to be provided to the mother through her solicitors who are on the record as at the date hereof.
Pursuant to the provisions of Part XIA of the Family Law Act 1975 (Cth), the Court’s sealed copy of these Orders issued in the mother’s name disclosed by her in her affidavit filed by leave in these proceedings on 15 July 2015 that is retained on the Court’s file be subject to suppression and retained, along with the affidavit filed by leave in these proceedings on 15 July 2015 in which the mother discloses her new name, in a separate file, with no copy of any of those documents or any details of the contents of those documents or any part of these proceedings that identifies…
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- Gordon & Gordon [2015] FamCA 616
- Case
- [2015] FamCA 616
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether to make interim parenting orders on an ex parte basis, and if so, what orders were in the best interests of the children, particularly in circumstances involving family violence. The court also had to consider the necessity of suppression and non-publication orders to protect the safety of the mother and children.
Forrest J reasoned that the ex parte nature of the application was justified due to the presence of family violence, which necessitated immediate protection for the mother and children. The court applied the paramount consideration of the best interests of the children, as stipulated in the *Family Law Act 1975* (Cth). Given the circumstances, the court found it was in the children's best interests to reside solely with the mother and have no contact with the father at that time. The court also made extensive suppression and non-publication orders, pursuant to s 102PF(2) of the *Family Law Act 1975* (Cth), to safeguard the mother and children's safety.
The court ordered that all previous parenting orders be discharged. The mother was granted sole parental responsibility for the children, and the children were to live with her and spend no time with the father. The children's expired passports were to be returned to the mother, who was permitted to remove them from Australia and apply for new passports without the father's consent. The court also requested the Australian Federal Police remove the children's names from the Airport Watch List and made significant suppression and non-publication orders regarding the mother's new name and the proceedings, deeming them necessary for the protection of the mother and children.
Orders
Orders of the court
1.
These Orders are made on an ex parte basis, the requirement for service of the application and supporting affidavit evidence on the father having been dispensed with.
2.
All previous parenting Orders are discharged.
3.
The mother shall have sole parental responsibility for the children, B born … 2001 and C born … 2002 (“the children”).
4.
The children shall live with the mother and not spend time with the father.
5.
The children’s expired passports previously in the safe keeping of the Court be returned to the mother.
6.
The mother is permitted to remove the children from the Commonwealth of Australia for the purposes of international travel.
7.
The mother is authorised to apply for new Australian passports for each of the children and any requirement for the consent of the father to be obtained for the issue of such passports is dispensed with.
8.
The Court requests that the Australian Federal Police remove the names of the children from the Airport Watch List at all points of international arrivals and departures in Australia should the name of either or both the children, B born … 2001 and C born … 2002, be currently on such List.
9.
An extra sealed copy of these Orders in which the mother is referred to by the name disclosed by her in her affidavit filed by leave in these proceedings on 15 July 2015 be prepared, with a sealed copy to be provided to the mother through her solicitors who are on the record as at the date hereof.
10.
Pursuant to the provisions of Part XIA of the Family Law Act 1975 (Cth), the Court’s sealed copy of these Orders issued in the mother’s name disclosed by her in her affidavit filed by leave in these proceedings on 15 July 2015 that is retained on the Court’s file be subject to suppression and retained, along with the affidavit filed by leave in these proceedings on 15 July 2015 in which the mother discloses her new name, in a separate file, with no copy of any of those documents or any details of the contents of those documents or any part of these proceedings that identifies the mother by her new name to be published, provided, shown to, or discussed with any other person outside the administration of the Court without the written consent of the mother or earlier Order of the Court.
11.
Pursuant to s 102PF(2) of the Family Law Act 1975 (Cth), the suppression and non-publication Order made in the previous paragraph is made because it is determined necessary to protect the safety of the mother and/or the children.
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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