FEDERAL CIRCUIT COURT OF AUSTRALIA
| HADDON & BANOS | [2019] FCCA 2865 |
| Catchwords: FAMILY LAW – Parenting – best interests of the children – allegations of severe family violence – assessment of risk – unacceptable risk – sole parental responsibility – no time. |
| Legislation: Evidence Act 1995 (Cth), s.140 Family Law Act 1975 (Cth), Pt VII, ss.4, 4AB(1), 4AB(2), 4AB(4), 11F, 60B, 60B(1), 60CA, 60CC(2), 60CC(3), 61DA, 65D |
| Cases cited: Andrew & Delaine [2009] FamCAFC 182 B and B [1993] FamCA 143 Grella & Jamieson [2017] FamCAFC 21 In the Marriage of Hall [1979] FamCA 73 M & M [1998] FamCA 1742 |
| Applicant: | MR HADDON |
| Respondent: | MS BANOS |
| File Number: | MLC 8323 of 2018 |
| Judgment of: | Judge Carter |
| Hearing dates: | 29 & 30 August 2019 |
| Date of Last Submission: | 30 August 2019 |
| Delivered at: | Melbourne |
| Delivered on: | 9 October 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr Willee |
| Solicitors for the Applicant: | Randles Cooper & Co |
| Counsel for the Respondent: | Ms Bastick |
| Solicitors for the Respondent: | Cathleen Corridon & Associates |
| Counsel for the Independent Children's Lawyer: | Mr Eidelson |
| Solicitors for the Independent Children's Lawyer: | Westminster Lawyers Pty Ltd |
ORDERS
All previous parenting orders in relation to the children Y born on … 2011 and X born on … 2014 (collectively, “the children”) be discharged.
The Mother have sole parental responsibility for the children.
The children live with the Mother.
The children spend no time and have no communication with the Father.
The Respondent Mother MS BANOS may apply for a passport for the children or either of them, without first obtaining the consent of the Applicant Father MR HADDON.
For the purposes of order (5) hereof, liberty is granted to the solicitors for the Respondent Mother, Messrs. Cathleen Corridon & Associates, to provide a copy of these orders to the Department of Foreign Affairs and Trade.
All extant applications are dismissed and the matter removed from the list of pending cases maintained by the Court.
Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
IT IS NOTED that publication of this judgment under the pseudonym Haddon & Banos is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 8323 of 2018
| MR HADDON |
Applicant
And
| MS BANOS |
Respondent
REASONS FOR JUDGMENT
Introduction
In these proceedings I have been asked to determine parenting arrangements for the two children of the parties, Y born on … 2011, aged 8 (“Y”) and X born on … 2014,…
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- HADDON & BANOS [2019] FCCA 2865
- Case
- [2019] FCCA 2865
- Decision Date
CaseChat Overview and Summary
The Court was required to determine whether the existing parenting orders should be discharged and, if so, what new orders were in the children's best interests, particularly in light of the alleged family violence. Key issues included the assessment of unacceptable risk posed by the Father, and whether the Mother should have sole parental responsibility and the children live with her, with no time or communication with the Father.
Judge Carter's reasoning focused on the paramount consideration of the children's best interests, as mandated by the *Family Law Act 1975*. The Court assessed the evidence relating to the allegations of severe family violence and determined that there was an unacceptable risk to the children if they had contact with the Father. Applying principles of child protection and the assessment of risk in family law proceedings, the Court concluded that sole parental responsibility for the Mother and no time or communication with the Father were necessary to ensure the children's safety and well-being.
Consequently, the Court ordered the discharge of all previous parenting orders. The Mother was granted sole parental responsibility, and the children were ordered to live with her. The children were to spend no time and have no communication with the Father. The Mother was permitted to apply for passports for the children without the Father's consent, and liberty was granted to her solicitors to provide a copy of the orders to the Department of Foreign Affairs and Trade. All extant applications were dismissed.
Orders
Orders of the court
1.
All previous parenting orders in relation to the children Y born on … 2011 and X born on … 2014 (collectively, “the children”) be discharged.
2.
The Mother have sole parental responsibility for the children.
3.
The children live with the Mother.
4.
The children spend no time and have no communication with the Father.
5.
The Respondent Mother MS BANOS may apply for a passport for the children or either of them, without first obtaining the consent of the Applicant Father MR HADDON.
6.
For the purposes of order (5) hereof, liberty is granted to the solicitors for the Respondent Mother, Messrs. Cathleen Corridon & Associates, to provide a copy of these orders to the Department of Foreign Affairs and Trade.
7.
All extant applications are dismissed and the matter removed from the list of pending cases maintained by the Court.
8.
Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Fact Sheet attached hereto and these particulars are included in these orders.
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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