FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hanratty & Hanratty [2023] FedCFamC2F 1467
File number(s): DGC 2219 of 2023 Judgment of: JUDGE TAGLIERI Date of judgment: 8 September 2023 Catchwords: FAMILY LAW – Review of Registrar’s decision to refuse urgent consideration of interim parenting – application allowed
FAMILY LAW – interim parenting hearing – orders that mother return children to Suburb B– recovery order to lie in court – orders that children live with father on condition that he provide evidence in respect of his housing security – interim orders by consent that the parents have equal shared parental responsibility for the children
Legislation: Family Law Act 1975 (Cth) ss4AB, 60CC, 60CC(2A), 60CC(3)(g), 60CC(3)(h), 60CC(3)(l), 60CC(3)(m), 68B, 69ZW Cases cited: Deiter & Deiter [2011] FamCAFC 82
Marvel & Marvel [2010] FamCAFC 10
Patterson & Dillard [2022] FedCFamC2F 465
Salah & Salah [2016] FamCAFC 100
Sterry & Sterry [2017] FamCAFC 226
Stringer & Nissen (No 2) [2019] FamCAFC 185
Division: Division 2 Family Law Number of paragraphs: 60 Date of hearing: 5 September 2023 Place: Hobart Solicitor for the Applicant: Ms LaGreca, Pentana Stanton Lawyers Counsel for the Respondent: Ms Johnson Solicitor for the Respondent: Loddon Campaspe Community Legal Centre ORDERS
DGC 2219 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR HANRATTY
Applicant
AND: MS HANRATTY
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
8 SEPTEMBER 2023
THE COURT ORDERS THAT:
1.The Father’s application for review filed 19 July 2023 of the refusal of a Judicial Registrar to hear his interim application urgently is allowed.
2.All times be abridged and any formal requirements of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) be dispensed with to allow the Father’s interim Application for Recovery of the children to be heard on an urgent basis on 5 September 2023.
3.On condition that within 10 days of the date of these orders the Father files and serves an affidavit annexing written confirmation from the landlord or landlord’s agent that he is not to be evicted from the property at C Street, Suburb B, Victoria; by 2 October 2023, the Mother return the children X, born 2016 and Y, born 2020 (collectively, ‘the children’) to reside in Suburb B, Victoria.
4.By consent, the children live with the parties in Suburb B, Victoria on a week about basis with changeover to occur each Sunday at 1:00pm.
5.By consent, the children communicate with the non-resident parent by telephone or video call using by Facetime or AppClose each Wednesday from 5:00pm to 5:30pm, with the non-resident parent to initiate the call and the resident parent to ensure the children are available.
6.By consent, upon the Mother providing written evidence to the Father of the bond paid to secure rental accommodation in Suburb B, Victoria, the Father pay 50 per cent of such bond.
7.Within 10 days of the date of these Orders, the Father do all things reasonably practicable…
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CaseChat Overview and Summary
The court granted Mr Hanratty’s application for review of the Registrar’s decision, allowing the interim application to be heard urgently. It determined that the children should return to live with Mr Hanratty in Suburb B, subject to him providing evidence of housing security. The court also established that the parents would have equal shared parental responsibility, with detailed arrangements for communication, health decisions, education, and other significant matters concerning the children. The court emphasised the importance of protecting the children from physical discipline, corporal punishment, and exposure to cannabis. It further authorised law enforcement to recover and deliver the children to Mr Hanratty if necessary, and enjoined both parents from denigrating each other in the presence of the children or discussing the proceedings with them.
The final orders included specific directives for the children’s residence, parental responsibilities, and the conditions for their safe return to Mr Hanratty. The court also noted that it would provide written reasons for its judgment and outlined the obligations and potential consequences of contravening the orders. The proceedings were subsequently listed for further directions before a judicial registrar.
Orders
Orders of the court
DGC 2219 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR HANRATTY
Applicant
AND:
MS HANRATTY
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
8 SEPTEMBER 2023
THE COURT ORDERS THAT:
1. The Father’s application for review filed 19 July 2023 of the refusal of a Judicial Registrar to hear his interim application urgently is allowed.
2. All times be abridged and any formal requirements of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) be dispensed with to allow the Father’s interim Application for Recovery of the children to be heard on an urgent basis on 5 September 2023.
3. On condition that within 10 days of the date of these orders the Father files and serves an affidavit annexing written confirmation from the landlord or landlord’s agent that he is not to be evicted from the property at C Street, Suburb B, Victoria; by 2 October 2023, the Mother return the children X, born 2016 and Y, born 2020 (collectively, ‘the children’) to reside in Suburb B, Victoria.
4. By consent, the children live with the parties in Suburb B, Victoria on a week about basis with changeover to occur each Sunday at 1:00pm.
5. By consent, the children communicate with the non-resident parent by telephone or video call using by Facetime or AppClose each Wednesday from 5:00pm to 5:30pm, with the non-resident parent to initiate the call and the resident parent to ensure the children are available.
6. By consent, upon the Mother providing written evidence to the Father of the bond paid to secure rental accommodation in Suburb B, Victoria, the Father pay 50 per cent of such bond.
7. Within 10 days of the date of these Orders, the Father do all things reasonably practicable to ensure that the Mother’s name is removed from the lease of the property at C Street, Suburb B, and must notify the mother of the outcome of his endeavour.
8. An order lie in court under Section 67Q of the Family Law Act 1975, for the Marshal of the Family Court of Australia, the Australian Federal Police and all officers of the police forces of each State and Territory of the Commonwealth of Australia be authorised and directed to recover and deliver the children to the Father (subject to satisfaction of the condition in Order 3 of these Orders) to live in the Suburb B region and for that purpose to stop and search any vehicle, vessel or aircraft and search any premises or place in which there is, at any time, reasonable cause to believe that the children may be found.
9. Should the Mother not comply with Order 3 of these Orders within the time for her compliance with that Order, upon filing of an affidavit evidencing non-compliance, the court will consider making an Order in Chambers to enact Order 8 of these Orders.
10. Pursuant to s 68B of the Family Law Act 1975 (Cth) and for the personal protection of the children X born 2016 and Y, the Father MR HANRATTY is restrained by injunction from using any form of physical discipline or corporal punishment on the children and must protect them from any other person doing so.
11. Pursuant to s 68B of the Family Law Act 1975 (Cth) and for the personal protection of the children X born 2016 and Y, the Father MR HANRATTY is restrained by injunction from using cannabis when the children are in his care and must ensure they are removed from any place where a person is using cannabis.
BY CONSENT, THE COURT ORDERS THAT:
12. The Mother and Father have equal shared parental responsibility the children.
13. The parties are to consult with each other about decisions to be made in the exercise of their equal shared parental responsibility as follows:
(a) They will inform the other parent about the decision to be made; and
(b) They will consult with each other on terms that they agree.
14. The parties have equal shared parental responsibility (in consultation with each other) in relation to major long-term issues affecting the children including:
(a) Education;
(b) Health;
(c) Religion; and
(d) Any other significant circumstances affecting the child’s wellbeing.
15. Parties shall continue to communicate via AppClose Parenting Application with respect to day-to-day communication about arrangements for the children and their welfare.
16. The Mother and Father will:
(a) Reply to all communications from the other parent seeking information about the children in a timely way and generally within forty-eight (48) hours;
(b) Keep the other parent informed within forty-eight (48) hours of any change to their residential or postal address, landline, and mobile telephone numbers;
17. Each parent shall keep the other informed of the contact details of any treating medical health care practitioner attending to or treating the children whilst in their care and this order shall be authority to any medical or health care practitioner to release any information to the children as they are lawfully able to provide to either parent.
18. Both parents are entitled to receive at their own request and expense any and all information in relation to the health and welfare of the children including by not limited to details of any illness suffered by the child and treatment required. This Order constitutes an authority to child’s medical practitioners and allied health professionals to provide that information.
19. If the children are prescribed medication or specific treatment which is required to continue into a period when the other parent will be responsible for the child’s care, any medication or materials required for treatment shall be provided to the parent along with details of the prescribed medication dose or treatment required.
20. If the children are in need of treatment at any hospital the party is to notify the other of any details related to the nature of the illness/injury, details of any related medical appointment, the hospital the children’s attending and details of any treating professional as soon as is practicable and the other shall be at liberty to attend at the hospital regardless of time specified herein unless directed not to do so by the treating medical practitioner.
21. Both parents complete the Parenting After Separation Program and provide certificate of completion to the other party upon completion.
22. The parties shall forthwith authorise any childcare, kindergarten or school the children may attend to provide each party with copies of reports, newsletters and announcements of centre/school activities, or otherwise pertaining to the education of the child, or if none have been made available in writing, then the parties shall provide written particulars, which includes by email, of such reports and/or activities to the other party within 3 days of such documents or particulars being received by a party from the school, and the parties shall authorise staff members at any childcare, kindergarten and the school the children may attend, to discuss the child’s progress with the other party.
23. Each parent is entitled to attend childcare, kindergarten and school events.
24. Each parent be at liberty to attend all extra-curricular activities the children engage in including performances, games, concerts, annual events, training sessions, parent teacher, school assemblies and any other significant event related to the child’s attendance at school or at extra-curricular events.
25. Each of the parents, their servants or agents be hereby restrained by injunction from:
(a) Abusing, insulting, belittling, rebuking, or otherwise denigrating the other parent in the presence of the children; and
(b) Discussing the proceedings or the contents of any documents filed in or intended for use in these proceedings to, with or in the presence or hearing of the children, and from permitting any other person to do so.
THE COURT ORDERS THAT:
26. The Chambers Hearing 10 October 2023 is vacated.
27. These proceedings are listed before a judicial registrar for directions on a date to be fixed.
THE COURT NOTES THAT:
A. The Court will settle its oral reasons for judgment in written form and provide a copy to the parties’ practitioners.
B. Pursuant to ss.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 Attachment A and these particulars are included in these orders.
C. Order 27 herein has been amended pursuant to Rule 10.1.3 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
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.
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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