HALLIS & KIMPER

[2019] FCCA 1292

FEDERAL CIRCUIT COURT OF AUSTRALIA

HALLIS & KIMPER [2019] FCCA 1292

Catchwords:
FAMILY LAW – Interim parenting – best interests of the child – orders made.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA, 65D

Cases cited:

Goode & Goode (2006) FLC 93-286
Marvel & Marvel [2010] FamCA 240
Eaby & Speelman [2015] FamCAFC 104
Banks & Banks [2015] FamCAFC 36

Applicant: MR HALLIS

Respondent: MS KIMPER

File Number: PAC 4767 of 2018

Judgment of: Judge Newbrun

Hearing date: 2 April 2019

Date of Last Submission: 2 April 2019

Delivered at: Parramatta

Delivered on: 21 May 2019

REPRESENTATION

Solicitors for the Applicant: Mr Carlo of Calvin Nelson & Co Lawyers & Tax Agents

Solicitors for the Respondent: Ms Abercrombie of Lamrocks Solicitors

ORDERS PENDING FURTHER ORDER

1. All previous parenting Orders are discharged, with the exception of the following Orders within Exhibit A of the Court’s Orders of 12 November 2018: Orders 2(e), 7, 8, and 9.

2. The child shall live with the mother.

3. The parties shall have equal shared parental responsibility for the child [X] born … 2017.

4. For  a period of four months from the date of these Orders, the child shall  spend time with the father in a two weekly cycle as follows:

   (a)Week 1: Saturday from 4:30 pm to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)Week 2: Thursday from 4:30 pm to 6:30 pm. 

5. Following the conclusion of the above Order, for a period of two months, the child is to spend time with the father on a two weekly cycle as follows:

   (a)Week 1: Saturday from 9:00 am to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)Week 2: Thursday from 4:30 pm to 6:30 pm. 

6. Following the conclusion of the above Order, the child is to spend time with the father on a two weekly cycle as follows:

   (a)Week 1: Friday from 4:30 pm to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)Week 2: Thursday from 4:30 pm to 6:30 pm. 

7. In relation to the child spending time with the father on a Thursday or on her birthday, unless otherwise agreed in writing between the parties, the father shall collect and return the child from the mother’s residence at the commencement and conclusion of his time with the child. 

8. In relation to the child spending overnight time with the father, unless otherwise agreed in writing between the parties, the father shall collect the child from the mother’s residence at the commencement of his time, and the mother shall collect the child from the father’s residence at the conclusion of the father’s time with the child. 

9. That the parties shall be restrained from denigrating the other party within the presence or within hearing distance of the child and shall restrain any other third party with whom they have a domestic relationship from denigrating the other party within the presence or hearing distance of the child. 

10. Pursuant to section 62G(2) of the Family Law Act 1975 the parties and the children of the relationship shall attend upon a family consultant nominated by the Dispute Resolution Coordinator of the Federal Circuit Court of Australia on a date and at time/s to be advised for the purposes of the preparation of a Family Report, such report to be released by the Court.

    The Family Report shall deal with the following matters:

    (a)Any views expressed by the child and any factors relevant to the weight to be attached to those views, provided that the child shall not be required to express a view in relation to any matter.

    (b)The nature of the child’s relationships with each of the child’s parents and other persons (including any grandparent or other relative of the child);

    (c)The likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from:

    (i)either of the parents: or

    (ii)any other child, or other person (including any grandparent or other relative of the child), with whom the child has/have been living.

    (d)The capacity of each parent, or another person (including any grandparent or other relative of the child), to provide for the child’s needs, including emotional and intellectual needs.

    (e)The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child’s parents, and any other characteristics of the child that the report writer thinks are relevant to opinions expressed in the report.

    (f)The attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child’s parents.

    The report writer has leave to read any document produced on subpoena to which the parties have been given such leave.

11. The proceedings are adjourned for mention to 14 February 2020 at 9:30am following the release of the Family Report. 

IT IS NOTED that publication of this judgment under the pseudonym Hallis & Kimper is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 4767 of 2018

MR HALLIS

Applicant

And

MS KIMPER

Respondent

REASONS FOR JUDGMENT

Introduction

1. This interim hearing related to the child [X] born … 2017.  She is two years of age.

2. Interim Orders made by consent in this Court on 11 November 2018 provided for the child to live with the mother and, in effect, for the child to spend time with the father three times per fortnight, being two hours on a Thursday and Tuesday, and eight hours on a Sunday in the fortnight.

3. The father is a professional and the mother works in administration.

Proposals

1. The father seeks interim parenting Orders as set out in his Case Outline filed 29 March 2019.  Inter alia, he seeks interim Orders that the parties have equal shared parental responsibility for the child, and that the child live with the mother.  He also seeks Orders that the child spend overnight time with him, initially for three months, for two nights each fortnight, and in the off week two hours in the evening on a Thursday, and after that three month period, that the child spend overnight time with him for three nights each fortnight, and in the off week two hours in the evening on a Thursday.

2. The mother seeks interim parenting Orders as set out in her Response filed 18 December 2018.  Inter alia, she seeks interim Orders that the parties have equal shared parental responsibility for the child, that the child live with the mother, and that the child spend time with the father as follows:

   a)In Week 1 of a two-week cycle, on Sunday from 9 am until 5 pm;

   b)In Week 1 of a two-week cycle, on Thursday from 4:30 pm until 6:30 pm;

   c)In week two of a two-week cycle, on Tuesday from 4:30 pm until 6:30 pm.

   It can be seen that the mother in effect seeks a continuation of the interim Orders of the Court of 12 November 2018.

Material relied upon

1. The mother relied upon the following documents:

   a)Response to Initiating Application filed 18 December 2018;

   b)Affidavits of Ms Kimper filed 18 December 2018 and 29 March 2019;

   c)Affidavit of Ms B filed 29 March 2019;

   d)Case Outline of the Respondent filed 1 April 2019.

2. The father relied upon the following documents:

   a)Initiating Application filed 5 October 2018;

   b)Affidavits of Mr Hallis filed 5 October 2018 and 25 January 2019;

   c)Affidavit of Ms C filed 1 February 2019;

   d)Case Outline of the Applicant filed 29 March 2019.

Agreed facts unless otherwise stated

1. The mother is aged 40 years.  The father is aged 36 years.

2. The father has another child, [A], aged eight years, from a previous relationship, and with whom he spends time.

3. The parties commenced cohabitation in about … 2016.  Again, the child was born on … 2017, and the parties separated in about 28 April 2017.

4. The child has been co-sleeping with the mother since the date of separation, when the mother moved to the maternal grandmother’s home.  The mother asserts that the bed that the child and the mother share is a queen size bed.

5. The mother asserts that the child likes routine.  The mother, in her Affidavit filed 18 December 2018, refers to a night-time routine for the child which includes the mother reading and singing to the child.  The mother asserts that this same routine has occurred for a very long time.

6. The mother asserts that during the night the child sometimes wakes.  If she does wake in the night, she calls out to the mother and the mother settles her, which can sometimes take a reasonable amount of time.

7. The mother asserts that she would not describe the child as a confident child.  She asserts that the child is not overly outgoing, and that the child is clingy to herself and the maternal grandmother.  The mother asserts that that the child has never been separated from the mother for overnight periods and she does not believe that she is the type of child who will adapt to a new overnight routine easily.

8. After separation, between about early May 2017 in early July 2017, the father asserts that he had regular visits with the child (two to three times each week for one to two hours on each occasion).  The mother asserts that she was present for the father’s visits with the child up until June 2017.

9. Between about late June 2017 and 1 October 2017 the father was having the child at his place from 10 am to 5 pm on Sunday each alternate week.

10. The father asserts that following verbal disagreements with the mother on 1 October 2017, he did not spend time with the child for about one month.

11. The father asserts that from November 2017 to 18 March 2018 he was only able to spend time with the child for two hours every second Sunday and one or two days in between at the mother’s discretion.  He asserts that these visits were supervised by the mother, the maternal grandmother, the mother and her aunt, or at times other family members.  On the other hand, the mother appears to assert that during this period there was no time spent by the child with the father.

12. From March 2018 to about November 2018 the child spent time with the father for two hours, unsupervised, on three separate occasions in each fortnight, on a Thursday, Sunday and Tuesday in a two-week cycle.

13. Then the interim Orders of the Court were made on 12 November 2018.

14. The mother lives with the maternal grandmother and the child at Town D, and the father lives at Town E; the father asserts that it is a 40 minute drive each way.  The father asserts that this does not allow him sufficient time to take the child back to his residence and spend time with her there.  He asserts that it also does not allow the child the opportunity to spend time with [A] or the paternal family.

15. The father asserts that he has been spending overnight time with his other child [A] since she was ten months old.  He asserts that he is capable of spending time with the child overnight.  He asserts that such overnight time will enable him to have quality time with the child, including dinner, bathing, reading before bedtime, putting the child to bed and being there for her in the morning when she wakes up. He seeks to ensure that the days he spends with his child [A] will fall on the same days that he spends time with the child.

16. The father asserts that the child and [A] have a close and loving relationship.

17. The father asserts his belief that the child would be ready to spend overnight time with him after one month of spending the whole day with him for one day each weekend at his property.

18. The father asserts that his time with the child has been going very well.  He asserts that the child has a very close bond with him.  He asserts that the child calls him “daddy”, commonly calls out for him to carry her, hugs and kisses him, or otherwise holds out her hand for him to hold her and walk with her.

19. The father also asserts his belief that the child’s bond with his daughter [A] is becoming stronger.  He asserts that [A] is always been present on Sundays when he spends time with the child, and he asserts that he has noticed that the two girls love playing together.

20. The father asserts that after lunch, when the child is spending time with the father at his residence, he puts the child down for a sleep for about thirty minutes to one hour.  He asserts that to ready the child for her afternoon nap, he cuddles her, lays with her on a bed, sings or reads to her and then puts her into a cot.

21. The father asserts that the paternal grandmother has been to his residence on a number of occasions when the father has had the child with him.  He asserts that the child has commenced opening up to his mother calling her “nonna” and she is comfortable being held by the paternal grandmother.

22. The father asserts that his residence is a three bedroom home and the child will have her own bedroom.  He will also have a cot for the child to sleep in.  The child also has a lot of soft toys and other toys at his residence.

23. The mother asserts that on 12 March 2019, a Tuesday, the father came to pick up the child about 4:30 pm to take her to the pool.  The mother asserts that about ten minutes later the father brought the child back because she was upset and screaming.  The mother asserts that the father asked if he could sit inside with the mother and the maternal grandmother, to which the mother agreed.

24. The maternal grandmother’s affidavit filed 29 March 2019, states, inter alia, that her she has no concerns about the child’s well-being in the mothers care and she believes that the child is thriving.

25. The Affidavit of the father’s former partner filed 1 February 2019 confirms that there is one child of her former relationship with the father, [A].  She asserts that the child [A] is progressing well and is in Year 3.  She asserts that she and the father separated when the child [A] was ten months old.  She states that she and the father began visitation instantly and the father was at the time spending every fortnight with the child [A] from Friday until the following Sunday.  She states that the father continues to spend time with the child [A] every fortnight from Friday through to the following Sunday, and occasionally sees her on the off Thursday to break up the time between visits. 

26. The father’s former partner states that she and the father are good friends and the father is very involved with long-term decisions relating to the child [A].  He plays a very active part in her life.  She asserts that she has never had any cause for concern in regards to the father’s capacity to care for [A] from the time that she was 10 months old to the current date.  She asserts that she did not ever observe the father abuse the child [A] will be aggressive towards her in any way prior to or since her separation from the father.  She states her observation that the child [A] and the father have a great relationship and she loved him very much.

27. Finally, the father’s former partner states that she has observed over time that the child [A] loves spending time with the father and feels safe and happy when she is with the father.  The child [A] speaks to her about the child all the time.

Relevant legal principles

1. The relevant principles in relation to parenting proceedings, including interim proceedings, are well settled: see Goode & Goode (2006) FLC 93-286.

2. In Marvel & Marvel [2010] FamCA 240, the Full Court of the Family Court of Australia discussed the problems associated with making findings on disputed evidence as follows:

   [120] As has frequently been emphasised interim parenting proceedings, and orders made as a consequence, are a necessary but temporary measure until all the evidence can be tested, evaluated and weighed at a final hearing by the making of final parenting orders. Decisions judicial officers have to make in interim proceedings are difficult and, often for very good reason, a conservative approach, or one which is likely to avoid harm to a child is adopted. This is often to the understandable distress of a party who may not achieve the outcome he or she desires, or thinks to be in the best interests of their child or children. Interim parenting orders are frequently modified or changed after a final hearing, and any allocation of parental responsibility made at an interim hearing is disregarded at the final hearing (s 61DB).

   [122] In SS & AH [2010] FamCAFC 13 the majority (Boland and Thackray JJ) discussed at paragraph 88 of their reasons the care necessary to be exercised in making findings in interim parenting proceedings. Their Honours said:

   In our view, findings made at an interim hearing should be couched with great circumspection, no matter how firmly a judge’s intuition may suggest that the finding will be borne out after a full testing of the evidence.

   [123] Later, at paragraph 100 their Honours amplified their comments and said:

   The intuition involved in decision-making concerning children is arguably of even greater importance when a judge is obliged to make interim decisions following a hearing at which time constraints prevent the evidence being tested. Apart from relying upon the uncontroversial or agreed facts, a judge will sometimes have little alternative than to weigh the probabilities of competing claims and the likely impact on children in the event that a controversial assertion is acted upon or rejected. It is not always feasible when dealing with the immediate welfare of children simply to ignore an assertion because its accuracy has been put in issue.

3. Of this, the Full Court in Eaby & Speelman [2015] FamCAFC 104 said at [19]:

   As would be immediately apparent, this approach enables the court to appropriately and carefully deal with contentious issues relevant to the welfare of the child, and for those issues to not be ignored.

4. The Court also refers to the recent decision of the Full Court of the Family Court of Australia in Banks & Banks [2015] FamCAFC 36, especially at paragraphs 46 to 52.

5. Section 60B of the Family Law Act 1975 (Cth) (“the Act”) sets out the objects of Part VII of the Act relating to children that inform the making of parenting orders.

6. In deciding whether to make a particular parenting order in relation to a child, a Court must regard the best interests of the child as the paramount consideration: section 60CA of the Act.

7. Section 60CC of the Act provides that in determining what is in the child’s best interests, the Court must consider the matters set out in subsections (2) and (3).

8. When making a parenting Order in relation to a child, the Court must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child: section 61DA of the Act. When the Court is making an interim Order, the presumption applies unless the Court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that Order: section 61DA (3).

9. If the presumption of equal shared parental responsibility in relation to the child applies, and is not rebutted, the Court must firstly consider whether the child spending equal time with each of the parents would be in the best interests of the child and reasonably practicable.

10. If equal time is found not to be in the child’s best interests, or impracticable, as a result of consideration of one or more of the matters in section 60CC, the Court must consider making an order that the child spends substantial and significant time (as defined in section 65 DAA (3)) with the parents, unless contrary to the child’s best interests as a result of consideration of one or more of the matters in section 60CC, or impracticable.

1. If neither equal time nor substantial and significant time is considered to be in the best interests of the child, or impracticable, then the Court may make such orders in the discretion of the Court that it thinks proper, being Orders that are in the best interests of the child, as a result of consideration of one or more of the matters in section 60CC: sections 60CA, 60CC, 65D.

The best interests of the children

Section 60CC Considerations

Subsection (2a): the benefit to the child of having a meaningful relationship with both of the child’s parents:  a primary consideration

1. The mother has been the child’s primary carer from birth to date.

2. The child has a meaningful relationship with both parents and would benefit from a continuance of those relationships.

3. Should the child begin to spend increased time with the father, on a graduating basis, commencing with one overnight each fortnight for four months (Saturday from 4:30 pm to Sunday at 5:30 pm), then from Saturday 9 am to Sunday 5:30 pm each fortnight for the next two months, and thereafter from 4:30 pm Friday to Sunday 5:30 pm each fortnight, the child’s meaningful relationship with the father can be maintained and enhanced.  The child can spend two hours on a Thursday afternoon in the off week during this graduating fortnightly time, which will also contribute to the child’s meaningful relationship with the father being maintained and enhanced.

4. The Court gives significant weight to this meaningful relationship primary consideration.

Subsection (2b): the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

1. The parties are in dispute as to certain allegations made by the mother against the father in relation to, inter alia, marijuana use and alleged ill-tempered and aggressive behaviour by the father in the presence of children.  In this context, the Court observes that by consent, the mother agreed to the father spending significant unsupervised time with the child pursuant to the Court’s Orders of November 2018 and such time has been usually occurring since that time.  The Court has also taken into account the assertions of the father’s former partner in this context.

Section 60CC(3) - additional considerations

(a) Any views expressed by the child and any factors (such as the child maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child’s views

1. Not applicable.

(b) The nature of the relationship of the child with each of the child’s parents; and other persons (including any grandparent or other relative of the child)

1. The child appears to have a positive relationship with the maternal grandmother and a developing and positive relationship with the paternal grandmother.  The child has a positive relationship with the father’s child [A].

(c) The extent to which each of the child’s parents has taken or failed to take the opportunity; to participate in making decisions about major long-term issues in relation to the child; and to spend time with the child; and to communicate with the child

1. It would appear that both parties have sought to take such opportunities.

(ca) The extent to which each of the child’s parents has fulfilled, or failed to fulfil, the parent’s obligations to maintain the child

1. It appears that both parents have sought to fulfil such obligations.

(d) The likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from either of his or her parents; or any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living

1. The Court refers to its discussion above under the meaningful relationship primary consideration.

2. The essential submission made by the mother at this interim hearing was that the child was not ready to commence overnight time with the father.

3. The Court has taken into account the mother’s assertion that the child co-sleeps with her and has done so since separation.  The Court has taken into account the fact that the mother has been the child’s primary carer from birth to date.  The Court has taken into account the child’s usual routine at bedtime with the mother, and the mother’s settling behaviour with the child if the child wakes up during the night asking for the mother.  The Court has taken into account all the mother’s concerns in relation to the child spending overnight time with the father.

4. On the other hand, the Court has taken into account, inter alia, the child’s meaningful relationship with the father (including her regular time spent with the father post separation), her positive time spent with the father on the fortnightly Sunday during the daytime at his residence (including her positive time with the father on the Tuesdays and Thursdays), the father’s experience in putting down the child for a nap in the afternoon, and the father’s significant experience, since his separation from his former partner, with spending overnight time with his child [A].

5. The Court is of the view, acting cautiously and conservatively, so as to minimise the risk of the child becoming unsettled or emotionally unwell, that the child’s time with the father, including overnight time, should be introduced gradually and extended in a graduated fashion.  The Court is of the view that with such graduated increased time, including overnight time, being facilitated, there is not a significant risk that the child will experience significant emotional harm. 

(e) The practical difficulty and expense of a child spending time with and communicating with the parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with both parents on a regular basis

1. Not applicable.

(g) The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child’s parents, and any other characteristics of the child that the court thinks are relevant

1. Not applicable.

(h) If the child is an Aboriginal child or a Torres Strait Islander child: the child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that culture); and the likely impact any proposed parenting order under this Part will have on that right

1. Not applicable.

(i) The attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents

1. Subject to the dispute between the parties above, each party has demonstrated appropriate attitudes towards the child and to their responsibility is of parenthood.

(j) Any family violence involving the child or a member of the child's family

1. The Court refers to its discussion above under the need to protect primary consideration.

(k) If a family violence order applies, or has applied, to the child or a member of the child’s family – any relevant inferences that can be drawn from the order, taking into account the following: the nature of the order; the circumstances in which the order was made; any findings made by the court in, or in proceedings for, the order; any other relevant matter

1. Not applicable.

(l) Whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child

1. These are interim parenting proceedings.

m) Any other fact or circumstance that the Court thinks is relevant

1. The father, in his proposed interim parenting Orders set out in his Case Outline, also sought Orders relating to discrete times of the year such as Father’s Day, Christmas Eve and Christmas Day, and the New Year’s Eve period.  These proposed Orders were not the subject of submissions by the parties.  The Court anticipates, the parties acting sensibly and cooperatively, having considered the Court’s within Orders, that they will be able to reach some compromise resolution of these proposals of the father.

Parental responsibility

1. The parties have agreed to equal shared parental responsibility.

2. Having regard to the particular circumstances of this family, and in this regard the Court refers to its within Reasons, including the tender age of the subject child, it will not be in the best interests of the child to be subject to an equal time arrangement. The Court’s within Orders probably constitute substantial and significant time, but if the Court is incorrect as to this view, then further time between the child and the father, beyond the Court’s within Orders, would not be in the best interests of the child at this interim stage.

Summary

1. Evaluating the above discussed considerations under section 60CC of the Act, it will be in the best interests of the children to make the following interim Orders:

   (1)     All previous parenting Orders are discharged, with the exception of the following Orders within Exhibit A of the Court’s Orders of 12 November 2018: Orders 2(e), 7, 8, and 9.

   (2)     The child shall live with the mother.

   (3)     The parties shall have equal shared parental responsibility for the child [X] born … 2017.

   (4)     For  a period of 4 months from the date of these Orders, the child shall  spend time with the father in a 2 weekly cycle as follows:

   (a)     Week 1: Saturday from 4:30 pm to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)     Week 2: Thursday from 4:30 pm to 6:30 pm. 

   (5)     Following the conclusion of the above Order, for a period of 2 months, the child is to spend time with the father on a two weekly cycle as follows:

   (a)     Week 1: Saturday from 9:00 am to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)     Week 2: Thursday from 4:30 pm to 6:30 pm. 

   (6)     Following the conclusion of the above Order, the child is to spend time with the father on a two weekly cycle as follows:

   (a)     Week 1: Friday from 4:30 pm to Sunday at 5:30 pm, such time to commence on the same weekend that the father has contact with his child of a previous relationship, namely, [A] (“[A]”), born on … 2010;

   (b)     Week 2: Thursday from 4:30 pm to 6:30 pm. 

   (7)     In relation to the child spending time with the father on a Thursday or on her birthday, unless otherwise agreed in writing between the parties, the father shall collect and return the child from the mother’s residence at the commencement and conclusion of his time with the child. 

   (8)     In relation to the child spending overnight time with the father, unless otherwise agreed in writing between the parties, the father shall collect the child from the mother’s residence at the commencement of his time, and the mother shall collect the child from the father’s residence at the conclusion of the father’s time with the child. 

   (9)     That the parties shall be restrained from denigrating the other party within the presence or within hearing distance of the child and shall restrain any other third party with whom they have a domestic relationship from denigrating the other party within the presence or hearing distance of the child. 

   (10) Pursuant to section 62G(2) of the Family Law Act 1975 the parties and the children of the relationship shall attend upon a family consultant nominated by the Dispute Resolution Coordinator of the Federal Circuit Court of Australia on a date and at time/s to be advised for the purposes of the preparation of a Family Report, such report to be released by the Court.

   The Family Report shall deal with the following matters:

   (a)     Any views expressed by the child and any factors relevant to the weight to be attached to those views, provided that the child shall not be required to express a view in relation to any matter.

   (b)     The nature of the child’s relationships with each of the child’s parents and other persons (including any grandparent or other relative of the child);

   (c) The likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from:

   (i)     either of the parents: or

   (ii)     any other child, or other person (including any grandparent or other relative of the child), with whom the child has/have been living.

   (d)     The capacity of each parent, or another person (including any grandparent or other relative of the child), to provide for the child’s needs, including emotional and intellectual needs.

   (e) The maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child’s parents, and any other characteristics of the child that the report writer thinks are relevant to opinions expressed in the report.

   (f)     The attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child’s parents.

   The report writer has leave to read any document produced on subpoena to which the parties have been given such leave.

   (11)   The proceedings are adjourned for mention to 14 February 2020 at 9:30 am following the release of the Family Report. 

I certify that the preceding seventy (70) paragraphs are a true copy of the reasons for judgment of Judge Newbrun

Date: 21 May 2019