Griggs & Oduro (No 2)

Case [2022] FedCFamC2F 703


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Griggs & Oduro (No 2) [2022] FedCFamC2F 703

File number(s): ADC 5103 of 2018
Judgment of: JUDGE DICKSON
Date of judgment: 1 June 2022 
Catchwords: FAMILY LAW - Parenting – almost 6 year old child - final consent orders from January 2020 for equal shared parental responsibility and shared care arrangement –mother reopened parenting proceedings in February 2021 –mother has withheld the child from the care of the father on three occasions since final orders were entered into on the basis of abuse allegations – mother has continued to make allegations that the father physically and sexually abuses the child - where the child has been forensically interviewed on multiple occasions – where the mother’s allegations have not been substantiated – where mother seeks at Trial for the father’s time with the child to be terminated or in the alternative occur on a limited supervised basis – where father seeks for the child to live in his primary care due to the mother’s conduct and failure to support the child’s relationship with him – where the mother and her family members hold an implacable view that the child has been abused by the father – where both parties seek a finding of the other being an unacceptable risk to the child - where if the child continues to live in the mother’s primary care his relationship with the father will be compromised – no unacceptable risk in the father’s care – where Court has little confidence in the mother’s ability to support the child’s relationship with his father - where it is in the child’s best interests for there to be a reversal of primary care and sole parental responsibility to the father – for the mother’s time with the child to be suspended for a period of time and then gradually increased over time – where the Independent Children’s Lawyer supports such orders being made
Legislation: Family Law Act 1975 (Cth) Pt VII, ss 60A, 60B, 60CC, 61DA
Cases cited:

Andrew v Delaine [2009] FamCAFC 182

Johnson & Page [2007] FamCA 1235, (2007) FLC 93-344

Jurchenko & Foster [2014] FamCAFC 127

M v M (1988) 166 CLR 69.

Mazorski & Albright [2007] FamCA 520

Vassser & Taylor-Black (2007) FLC 93-329

Division: Division 2 Family Law
Number of paragraphs: 418
Date of last submission/s: 25 May 2022
Date of hearing: 7-10 March 2022 & 15-17 March 2022 & 25 May 2022
Place: Adelaide
Counsel for the Applicant: Mr Anderson
Solicitor for the Applicant: Stanley & Co
Counsel for the Respondent: Mr Praolini
Solicitor for the Respondent: Adelaide Legal Solutions
Counsel for the Independent Children's Lawyer: Ms Bailey
Solicitor for the Independent Children's Lawyer: Georgina Parker Lawyers

ORDERS

ADC 5103 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS GRIGGS

Applicant

AND:

MR ODURO

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE DICKSON

DATE OF ORDER:

1 JUNE 2022

IT IS ORDERED THAT:

1.All previous parenting…

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Griggs & Oduro (No 2) [2022] FedCFamC2F 703
Case
[2022] FedCFamC2F 703
Decision Date

CaseChat Overview and Summary

In Griggs & Oduro (No 2) [2022] FedCFamC2F 703, the Federal Circuit and Family Court of Australia was tasked with determining the final parenting orders for a child born in 2016, now aged 5 years and 11 months. The court considered competing applications from both the mother and father, focusing on whether the child should live with the mother or the father, and if so, under what conditions. The court found that the father should have sole parental responsibility, and the child should live with him. The mother's time with the child was to be suspended for six weeks and then gradually reinstated, following the mother's participation in personal therapy. The court also made orders for the child's communication with both parents, their capacity to provide for the child's needs, and the impact of changes in the child's circumstances. The court emphasised the importance of the child having a meaningful relationship with both parents, while also protecting the child from physical or psychological harm.

Orders

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Background

Background to the litigation

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Evidence

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