Gorr & Gorr

[2022] FedCFamC1F 339

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Gorr & Gorr [2022] FedCFamC1F 339

File number(s):	MLC 8145 of 2019
Judgment of:	JOHNS J
Date of judgment:	2 May 2022
Catchwords:	FAMILY LAW – CHILDREN – best interests – final parenting orders made by consent
Legislation:	Family Law Act 1975 (Cth)
Division:	Division 1 First Instance
Number of paragraphs:	10
Date of hearing:	2 May 2022
Place:	Melbourne
Counsel for the Applicant:	Mr Combes
Solicitor for the Applicant:	Romer Maud Family Lawyers
Counsel for the Respondent:	Ms Teicher
Solicitor for the Respondent:	Vernon Da Gama & Associates
Solicitor for the Independent Children's Lawyer:	Macgregor Barristers & Solicitors

ORDERS

MLC 8145 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR GORR Applicant
AND:	MS GORR Respondent
INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JOHNS J
DATE OF ORDER:	2 MAY 2022

BY CONSENT THE COURT ORDERS THAT:

1.THAT the father have sole parental responsibility for the child X born in 2009.

2.THAT X live with his father.

3.THAT the mother spend time and communicate with X as agreed to between the parties, and failing agreement:

(a)On at least 6 occasions in each year for periods of up to 4 hours, all such periods to be supervised by an independent professional supervisor agreed to between the parties and if not agreed, nominated by the father, with the mother to meet all such costs of supervision.

(b)Upon agreement of the parties in writing after a minimum of 12 periods of supervised time and subject to the father being satisfied that the Mother has complied with order 6 hereof.

(c)At such other times as may be agreed to between the parties in writing by way of FaceTime/Zoom/Telephone but at a minimum once per fortnight on a Sunday at 7 pm.

4.THAT the time between the mother and child to occur as close as practicable to:

(a)        The weekend following the commencement of school.

(b)        During the Easter period.

(c)        On Mother's Day.

(d)        Christmas Day

(e)        X's Birthday.

5.The Mother and Father to only communicate through the AppClose parenting application and all communication between the parties be polite and child focussed.

6.THAT the mother continue treatment with Dr B and follow all reasonable recommendations.

7.That the ICL shall provide Dr B with a copy of the Family Report, and the Reports of Dr C and Dr D.

8.That the Father be at liberty to seek reports from Dr B, as to the Mother's participation in therapy directed towards addressing the recommendations contained in the Reports of Dr C and Dr D.

9.THAT the Father authorize, the child's school to provide and/or forward to the mother, at her sole expense, copies of the child's school reports, circulars, memoranda, photo order forms and any like material ordinarily provided to parents and a copy of these Orders shall serve as evidence of such authorization.

10.That the mother be entitled to receive all information as to health, and welfare of the child at her sole expense and these orders are authority for the Mother to receive same.

11.That Mr Gorr be entitled to travel with the child X born in, 2009 ("the child") out of Australia at any time.

12.That for the purpose of any such travel in the preceding order and renewal of any Australian Passport or travel document in the name of the child so as to enable travel, Mr Gorr ("the father") have liberty to make application to the Department of Foreign Affairs and Trade, Passports Office for the grant and or renewal of the child's passport without the consent of the child's mother, Ms Gorr AND IT IS REQUESTED that the Passports Office give effect to this order.

13.That upon the completion of a minimum of 12 supervised visits and a Report from the Contact Supervisor (to be at the Mother's sole expense) and positive report as to the Mother's compliance with the treatment recommendations as set out in order 6 herein then the parties attend for DRC to be initiated by the mother for the purpose of discussing the progress of the child's spend time periods with the mother.

14.The appointment of the Independent Children's Lawyer be discharged. 

15.All extant Applications are hereby dismissed and the matter is removed from the list of cases requiring determination.

16.That 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.

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 Gorr & Gorr has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

1. This matter comes before the Court today for a final hearing.  The issue before the Court is the future parenting arrangements for the parties’ child, X, who is aged 13 years. 

2. The proceedings have had a long history before the Court, having commenced in 2019.  There have been a number of serious allegations made in the matter.  There are allegations between the parties as to incidents of family violence.  In addition, both parties have a history of using illicit substances and orders have been made for both of the parties to submit to drug testing. 

3. There are also allegations, particularly raised by the father, that the mother suffers from mental illness and that this has impacted on her capacity to appropriately care for X. 

4. X has been in the father’s care since 2019.  X’s relationship with his mother has been interrupted since that time, notwithstanding orders previously made for X to spend supervised time and communicate with the mother.  Those orders have not been implemented and, as a result, X’s relationship with his mother has been fractured. 

5. The parties have had the benefit of a number of assessments and reports, to assist the Court and the parties in determining the best pathway for X’s future relationship with both parties, and particularly with his mother. Those reports include a psychological assessment prepared by Dr C, dated 25 May 2020.  That assessment is annexed to Dr C’s affidavit filed 6 January 2021.  There is also a psychiatric assessment of the mother prepared by Dr D, which is annexed to his affidavit filed 20 December 2021.  More recently, a family report has been prepared in the matter, that is, the report of Family Consultant E dated 18 March 2022. 

6. The parties have spent the morning in discussion, in an endeavour to see if they are able to resolve the issues in dispute.  It is to their credit that they have found a way to adjust their differences, and I am now presented with a minute of proposed order, the effect of which will be to finalise these proceedings.

7. The parties have taken on board the advice and recommendations of the experts, particularly the recommendations contained in the family report of Family Consultant E.  The proposed orders provide that the father has sole parental responsibility for X, and that X continues to live with him.  The proposed orders reflect the reality of X’s world. At least since 2019, the father has largely been solely responsible for all aspects of X’s care. 

8. The evidence of the family consultant is that X is living with his father and paternal grandmother in a settled and stable environment; by all accounts, he is thriving.  He is engaged at school, having commenced secondary school this year.  He is engaged in community sport and I have read in the material that he is a keen footballer with high ambitions in terms of his future. 

9. The orders proposed make provision for the opportunity for X to re-engage with his mother.  What is contemplated is an opportunity for the mother to spend supervised time with X, ideally at times that coincide with special periods in his life, such as weekend time after the commencement of the school year, at Easter, Mother’s Day, Christmas Day and on X’s birthday.  In addition, provision is made for the mother to have regular communication with X on a fortnightly basis via FaceTime or telephone. 

10. Having regard to the evidence before the Court I am satisfied that the proposed orders are in X’s best interests.  They ensure that he will continue to live in a safe, secure and stable environment with the father and also provide him with the opportunity of re-establishing a relationship with the mother.  Accordingly, I will make orders in the terms sought by the parties.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Johns.

Associate:

Dated:       2 May 2022