FAMILY COURT OF AUSTRALIA
| GRANDHOUSE & GRANDHOUSE | [2010] FamCA 921 |
| FAMILY LAW – CHILDREN – ability of each parent to facilitate a relationship between the child and other parent – allegations of violence – allegations of abuse between the mother and the father’s extended family – communication between the parents – parenting capacity – work commitments of each parent which require time away from home – child’s special needs |
| Family Law Act 1975 (Cth) |
| APPLICANT: | Mr Grandhouse |
| RESPONDENT: | Ms Grandhouse |
| INDEPENDENT CHILDREN’S LAWYER: | Adams & Associates |
| FILE NUMBER: | NCC | 1096 | of | 2007 |
| DATE DELIVERED: | 16 September 2010 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Newcastle, Parramatta & Sydney |
| JUDGMENT OF: | Justice Le Poer Trench |
| HEARING DATES: | 1,2,3 & 4 December 2008 12 December 2008 4,5 & 6 May 2010 1 June 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Hamilton |
| SOLICITOR FOR THE APPLICANT: | Thomas Mitchell Solicitors |
| COUNSEL FOR THE RESPONDENT: | Ms Gibbons (Some of the hearing days) Direct Brief. |
| SOLICITOR FOR THE RESPONDENT: | Mother in person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Burns |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Adams & Associates Solicitors |
Orders
All previous parenting orders relating to J born … November 2005 (“the child”) are hereby discharged.
The father is to have sole parental responsibility for the child. At any time when the father is required to make a decision which affects an aspect of the child’s long term welfare, such as determining which school he might attend, he is to contact the mother in writing (including by email if that be available) and set out his proposal. He is to invite the mother to respond, in a timely manner, setting out her views about the proposal and offering any alternate proposal. The father is to take the mother’s views and counter proposal into consideration when making a decision on the matter.
The child is to live with the father.
From the date of these orders until the child commences Kindergarten, and unless otherwise agreed between the parents, the child shall spend time with the mother as follows:
4.1Each week at Relationships Australia Supervision Centre or other centre as agreed by the parents, for a minimum of 2 hours, or as directed and as available at that Centre.
Upon the child commencing to attend Kindergarten, he shall spend time with the mother on not less than one occasion each fortnight, supervised, at the Rainbows Supervision Centre unless otherwise agreed between the parents.
The mother is to notify the father by text message or email no less than 48 hours prior to any scheduled supervised time with the child, of her intention to attend that supervised contact. If the father has not received such confirmation from the mother then he is excused from delivering the child to the contact centre for that occasion of time with the mother.
Should the mother fail to attend such supervised time on 3 occasions (not necessarily consecutive), in circumstances where she has given the father prior notice of…
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- Case
- [2010] FamCA 921
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate orders regarding the child's long-term welfare, including who would have sole parental responsibility, where the child would live, and the nature and extent of the time the child would spend with each parent. The court also had to consider provisions for communication between the child and the mother, and the conduct of the parents towards each other and their families.
Le Poer Trench J discharged all previous parenting orders and made new orders granting the father sole parental responsibility for the child. The child was ordered to live with the father. The mother was to have supervised time with the child, with specific arrangements detailed for the period before and after the child commenced kindergarten. The court also imposed restrictions on the parents, restraining them from denigrating each other in the child's presence. Importantly, the court made recommendations for the mother to undertake psychological therapy to address the impact of her actions concerning allegations of abuse and to develop strategies for dealing with the child's statements. The mother may seek a variation of the orders relating to her time with the child upon completion of this therapy and provision of a satisfactory report from her therapist.
Orders
Orders of the court
1.
All previous parenting orders relating to J born … November 2005 (“the child”) are hereby discharged.
2.
The father is to have sole parental responsibility for the child. At any time when the father is required to make a decision which affects an aspect of the child’s long term welfare, such as determining which school he might attend, he is to contact the mother in writing (including by email if that be available) and set out his proposal. He is to invite the mother to respond, in a timely manner, setting out her views about the proposal and offering any alternate proposal. The father is to take the mother’s views and counter proposal into consideration when making a decision on the matter.
3.
The child is to live with the father.
4.
From the date of these orders until the child commences Kindergarten, and unless otherwise agreed between the parents, the child shall spend time with the mother as follows:
4.1 Each week at Relationships Australia Supervision Centre or other centre as agreed by the parents, for a minimum of 2 hours, or as directed and as available at that Centre.
5.
Upon the child commencing to attend Kindergarten, he shall spend time with the mother on not less than one occasion each fortnight, supervised, at the Rainbows Supervision Centre unless otherwise agreed between the parents.
6.
The mother is to notify the father by text message or email no less than 48 hours prior to any scheduled supervised time with the child, of her intention to attend that supervised contact. If the father has not received such confirmation from the mother then he is excused from delivering the child to the contact centre for that occasion of time with the mother.
7.
Should the mother fail to attend such supervised time on 3 occasions (not necessarily consecutive), in circumstances where she has given the father prior notice of her intention to attend and then fails to do so, then the mother’s time with the child shall stand suspended until further agreement between the parties or further order of the Court.
8.
To facilitate the time the child spends with the mother pursuant to Order 4 and Order 5 herein, the mother and father shall do all acts and things required to allow such time to occur, and shall comply with all directions of the staff of the Centre.
9.
On the occasion of the child’s birthday and Christmas Day, the mother shall have telephone communication with him from 6pm until 6.30pm, unless otherwise agreed in writing.
10.
To facilitate Order 9 herein, the father shall ensure the child is available to have such communication, and shall place the call or assist him to place the call to the mother.
11.
The mother is to have telephone and/or Skype time with the child on not less than two occasions each week at times and on days agreed between the parents. The mother is to initiate the calls at the agreed times.
12.
Should the father not be available to care for the child due to work commitments, or otherwise, the father shall ensure the child is cared for by the paternal grandmother, should she be available, or if she is not available then another responsible adult.
13.
The mother and father shall each use their best endeavours to behave in a civil and courteous manner towards each other and each other’s family.
14.
The mother and father are hereby restrained from denigrating the other parent, or any family member, within the presence or hearing of the child, and shall use their best endeavours to prevent any other person from so doing.
15.
The father shall notify the mother of any change to the child’s residential address and/or landline and mobile telephone number, within 7 days of any change thereto.
16.
The appointment of the Independent Children's Lawyer is extended for a period of 12 months from the date of these orders.
NOTATION
(A) It is recommended that the mother consult with a psychologist of her choice for the purpose of undertaking a course of therapy which will give her insight into the impact upon the child of her actions in having him investigated for physical and sexual abuse. Further the therapy should address providing the mother with strategies to deal with any adverse statements which the child might make to the mother relative to the father or his family.
(B) It is recommended that the father have the child assessed for any special educational or psychological needs he may have and if appropriate arrange for suitable therapies.
17.
The mother may seek a variation of the orders, so far as they relate to the time and circumstances in which she sees the child, at the conclusion of a course of therapy which addresses the matters referred to in notation (1) and which has been conducted for a period of not less than 12 months at frequency of therapy sessions set by the therapist. A further condition is that the therapist is able to provide to the mother, for production to the Court, with a report which may satisfy the Court that the child would not be at risk of the type of behaviour which led to the orders being made herein for the reasons set out in the judgment provided. The therapist providing such report is to have first been provided, by the mother, with a copy of these orders, a copy of the judgment of the Court and a copy of the report provided by Dr RN, the Court expert.
18.
Pursuant to s65DA(2) and s62B, 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.
19.
I note that the proceedings are now concluded in this Court.
20.
All Outstanding Applications are dismissed and the proceedings are removed from the List of Matters awaiting finalisation.
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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