FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Gorley & Gorley [2023] FedCFamC1F 523
File number(s): SYC 8819 of 2022 Judgment of: MCGUIRE J Date of judgment: 29 June 2023 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application by the mother to review a decision of a Senior Judicial Registrar in respect to interim parenting arrangements – Where the children live with the mother and spend no time with the father – Where current orders provide for the father to spend supervised time with the children - Where the mother alleges inappropriate sexual conduct by the father towards the children – Application dismissed – Hearing de novo Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA and 60CC
Federal Circuit and Family Court of Australia (Family Law) Rules 2021(Cth) r 14.07
Cases cited: Eaby & Speelman (2015) FLC 93-654; [2015] FamCAFC 104
Goode & Goode (2006) FLC 93-286; [2006] FamCA 1346
Isles & Nelissen (2022) FLC 94-092; FedCFamC1A 97
Napier & Hepburn (2006) FLC 93-303; [2006] FamCA 1316
SS & AH [2010] FamCAFC 13
Division: Division 1 First Instance Number of paragraphs: 70 Date of hearing: 7 June 2023 Place: Hobart Counsel for the Applicant: Ms Gillies Solicitor for the Applicant: Matthews Folbigg Counsel for the Respondent: Ms Clifford Solicitor for the Respondent: Barkus Doolan Winning Counsel for the Independent Children's Lawyer: Ms Campbell Solicitor for the Independent Children's Lawyer: Bowral Legal ORDERS
SYC 8819 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS GORLEY
Applicant
AND: MR GORLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
MCGUIRE J
DATE OF ORDER:
29 June 2023
THE COURT ORDERS THAT:
1.The Application for Review filed on 21 April 2023 be dismissed.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Gorley & Gorley has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
MCGUIRE J
APPLICATION
Before me is an Application for Review filed by the mother, Ms Gorley, in respect of a decision and orders made by a Senior Judicial Registrar on 31 March 2023 following a defended interim hearing which provided for the parties’ three children, X born 2015 (aged eight years), Y born 2019 (aged four years) and Z born 2022 (aged one year), to spend interim time with the father which is…
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- Case
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CaseChat Overview and Summary
The court was required to determine whether the children should have supervised contact with their father, in light of the allegations of sexual abuse and the statutory obligations under the Family Law Act 1975 (Cth). The court had to balance the primary considerations of the benefit to the child of having a meaningful relationship with both parents against the need to protect the child from physical or psychological harm from abuse, with particular attention to the greater weight to be given to protective considerations.
The court found that while the allegations of sexual abuse were serious, there was insufficient evidence to make a definitive finding at this stage. The court accepted that the children had established and attached relationships with both parents and that they expressed a desire to maintain contact with their father. The court acknowledged the importance of the protective considerations but also recognised the benefit to the children of maintaining a relationship with both parents. As a result, the court ordered supervised contact between the children and their father, subject to the terms and conditions set by the court to ensure the safety and well-being of the children.
The court ordered that the children should have supervised contact with their father, in accordance with the terms and conditions specified in the judgment. This decision was made in the context of the evidence available at the time and the statutory obligations under the Family Law Act 1975 (Cth). The court emphasised the importance of protecting the children while also recognising the benefit to the children of maintaining a relationship with both parents.
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Background to the litigation
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