Hartfield & Dembow
[2023] FedCFamC1F 113
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
FIRST INSTANCE
Hartfield & Dembow [2023] FedCFamC1F 113
File number(s): MLC 10276 of 2019 Judgment of: CAREW J Date of judgment: 28 February 2023 Catchwords: FAMILY LAW – Parenting – Where the parties provided a minute of order to the Court on the second day of trial – Where the minute of order provides a comprehensive suite of orders – Where the proposal is determined to be in the best interests of the child – Order made by consent Legislation: Family Law Act 1975 (Cth) Number of paragraphs: 20 Date of hearing: 27 – 28 February 2023 Place: Brisbane Counsel for the Applicant: Mr R Haddrick Solicitor for the Applicant: HRT Family Lawyers & Mediators Counsel for the Respondent: Mr B Dodd Solicitor for the Respondent: O’Reilly Shaw Lawyers Counsel for the Independent Children's Lawyer: Ms S Downes Solicitor for the Independent Children's Lawyer: Aylward Game Solicitors ORDER
MLC 10276 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR HARTFIELD
Applicant
AND: MS DEMBOW
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
CAREW J
DATE OF ORDER:
28 FEBRUARY 2023
THE COURT ORDERS BY CONSENT THAT:
1.That all previous parenting orders be discharged.
Parental Responsibility
2.That the Mother have sole parental responsibility for the major long term decisions for the child X born 2015 (“the child”) but in the exercise of her sole parental responsibility she must:
(a)Inform the Father in writing by email of any decision that needs to be made;
(b)The Father must respond within five (5) days in writing by email of his views in relation to the decision;
(c)The Mother must consider the view of the Father in making a decision, and
(d)Inform the Father of any major long term decision that she has made within five (5) days.
3.That notwithstanding the provision of Order 2:
(a)The Mother shall be responsible for the daily care, welfare and development of the child when the child is living with or spending time with her; and
(b)The Father shall be responsible for the daily care, welfare and development of the child when the child is living with or spending time with him.
4.That the child be known as X and the parents are restrained from using any other name, preferred surname or any other surname for the child.
5.That the Mother not move the child’s residence to a location that makes it more difficult for the child to spend time with the Father.
6.In the event of an emergency, the parent the child is with will send a text message to the other parent informing them that there is an emergent situation and then telephone the other parent providing them with all relevant information including details of treating practitioner and/or hospital with the notifying parent to send an email within 24 hours confirming what has taken place.
Living Arrangements
7.That the child live with the Mother.
UPON THE UNDERTAKING OF THE FATHER’S WIFE, MS B IN THE FOLLOWING TERMS:
A.That she will immediately contact the Mother by telephone and advise her of any of the following matters:
(i)If the Father relapses with respect to alcohol or drug use;
(ii)if the Father breaches Orders 40 and 41 herein;
(iii)if the Father is admitted to hospital for any mental health, drug related or alcohol condition;
(iv)if she ceases to be in a relationship with the Father.
B.That she will immediately remove the child from the presence of the Father in the event she is of the view that the Father is under the influence of alcohol or drugs, is having a mental health episode or is otherwise a risk to himself or the child, and will immediately notify the Mother that she has intervened in the visit.
C.That she will supervise the child’s time with the father pursuant to this Order at all times as required by this Order.
THE COURT FURTHER ORDERS:
8.That on the Undertaking provided by Ms B as set out in these Orders, the child spend time with the Father at all times as agreed in writing between the parents and failing agreement, on the last weekend of the month, as follows:
(a)For a period of two visits, monthly for two hours supervised at C Services;
(b)For a period of two visits, monthly for two hours supervised by C Services with the Father’s Wife, Ms B in attendance;
(c)For a period of two visits, monthly for 30 minutes supervised by C Services, then for 3 hours supervised offsite by Ms B, then for 30 minutes supervised by C Services;
(d)For a period of two visits, monthly from 10.00am until 4.00pm on Sunday supervised by Ms B in greater Brisbane, with changeover to occur at C Services;
(e)For a period of two visits, monthly from 10.00am until 4.00pm on Saturday and on Sunday supervised by Ms B in greater Brisbane;
(f)For a period of two visits, monthly from 1.00pm on Saturday until .4:00pm on Sunday supervised by Ms B in South East Queensland;
(g)For a period of two visits, monthly from 10.00am on Saturday until 4.00pm on Sunday supervised by Ms B in South East Queensland;
(h)that for a period of four visits, monthly from 6.00pm on Friday until 4.00pm on Sunday, in South East Queensland, supervised by Ms B;
(i)Thereafter, monthly from 6.00pm on Friday until 4.00pm on Sunday, in South East Queensland.
9.That the supervised visits at C Services shall occur on the days that C Services is able to facilitate and has availability for the visits.
10.That for the purposes of Orders 8(f) and (g) herein, the Father is to provide the Mother with the accommodation details including contact information for his accommodation in Brisbane where the child will be staying.
11.That the parents are to be equally responsible for the payment of all supervised costs in relation to spending time with the child.
12.That the child spend time with his parents for special occasions at all times as agreed in writing between the parents and failing agreement as follows:
(a)With the Mother on the Mother’s Day weekend;
(b)With the Father for Father’s Day:
(i)In 2023, from 10.00am until 4.00pm on Father’s Day supervised by Ms B;
(ii)In 2024, with the Father to provide at least 28 days’ notice in writing to the Mother of his intention to spend the Father’s Day weekend in Queensland, and in that event, from 4.00pm on the Saturday before Father’s Day until 4.00pm on Father’s Day;
(iii)In 2025 and thereafter, with the Father to provide at least 28 days’ notice of flight details for the child to travel to Melbourne, and in that event, the child is to be booked on a flight to Melbourne between 4.00pm and 6.00pm on the Friday before Father’s Day and be booked on a flight that sees the child arrive in Brisbane not later than 4.00pm on Father’s Day.
(c)On the child’s birthday, the parent he is not living with on the day is at liberty to communicate with the child by facetime or video call at 7.30am on the birthday morning.
13.That the child spend time with the Father during Queensland gazetted school holidays at all times as agreed in writing between the parents and failing agreement as follows:
(a)For a three night block in the 2024 April school holidays in South East Queensland supervised by Ms B;
(b)For a four night block in the 2024 June/July school holidays in either Victoria or South East Queensland with Ms B to be in the home for the overnight periods;
(c)For a five night block in the 2024 September/October school holidays in either Victoria or South East Queensland with Ms B to be in the home for the overnight periods;
(d)For six nights in the 2024 December school holidays in either Queensland or in Victoria with Ms B to be in the home for the overnight periods;
(e)Thereafter for seven nights in each Term 1, 2 and 3 school holiday periods with those seven nights to commence on the first Saturday of the school holiday period in even numbered years and the seven nights to conclude on the last Saturday of the school holiday period in odd numbered years.
(f)In the Term 4 school holidays:
(i)in 2025, for fourteen (14) consecutive nights and a separate block of seven (7) consecutive nights and the 14 nights shall include the 24th to 26th December, and in all odd numbered years thereafter (from 2027) for 21 consecutive nights to include 24th to 26th December;
(ii)from 2026 and in even years thereafter, for twenty-one (21) nights and the 21 nights shall exclude the 24th to 26th of December.
14.That prior to the child spending time in Victoria in the June/July 2024 school holidays, the Father is to provide the Mother with a report from his psychologist confirming:
(a)That the Father has engaged appropriately in the counselling;
(b)That the Father has complied with their treatment recommendations and attends sessions as recommended;
(c)That they have read the Family Report of Ms D, the report of Dr E, and these Orders;
(d)That the psychologist is of the view that the Father does not pose a risk to himself, or the child;
(e)If the Father does not provide this report, or the report does not confirm that the Father has followed the psychologist’s recommendation/s and made genuine attempts to engage in therapy, the child’s time with the Father shall continue in accordance with Order 13(c) above and not progress, AND
(f)The Father is to provide the Mother with his updated criminal history as at June 2024.
15.That unless specified in these Orders or the parents agree in writing otherwise, changeover will take place at F Location, Brisbane when time is occurring in Brisbane.
16.When the child is travelling to Melbourne:
(a)the Father shall be responsible for booking and payment of the child’s flight from Brisbane to Melbourne, with the child to arrive at the Melbourne domestic airport no later than 12pm (Victorian time) on the first day of his time with the Father.
(b)The Mother shall be responsible for booking and payment of the child’s flight from Melbourne to Brisbane with the child to arrive at Brisbane domestic airport no later than 4.00pm (Queensland time) on the last day of his time with the Father.
17.That each parent shall notify the other not less than seven (7) days prior to departure, of the flight details including providing a copy of the e-ticket to the other parent by email and each parent shall ensure that the child arrives at the airport and boards the plane at the appropriate time.
18.That the child communicate with the Father at such times as may be agreed in writing between the Mother and Father and in default of agreement, at 6.00pm (Queensland time) each Tuesday with such communication to be facilitated by FaceTime with the Father initiating the call to the child.
19.That the child communicate with the Mother at such times as may be agreed in writing between the Mother and Father and in default of agreement, at 6.00pm (in the time zone the child is in) on no more than one occasion in each three day period and on two occasions in each seven day period when the child is spending with the Father with such communication to be facilitated by FaceTime with the Mother initiating the call to the child.
20.That the child communicate with the parents by video or voice call at all times he reasonably requests and the parents are to facilitate the child communicating with the other parent.
Drug and Alcohol Testing
21.That until 1 March 2024, the Father undergo consecutive three monthly hair follicle testing for detecting illicit drugs and alcohol use.
22.Within ninety-six (96) hours of the date of these Orders, the Father is to undertake a CDT (Carbohydrate Deficient Transferrin) test for the detection of alcohol use and inform the Mother of the name of the testing provider and thereafter provide the Mother with a copy of the results within 24 hours of receipt and this Order authorises the testing facility to provide the results directly to the Mother’s solicitors.
23.That the father make an appointment and attend for hair collection at an Australian Workplace Drug Testing Services (AWDTS) Clinic or nominee for hair drug and alcohol testing purposes. Collection is to be conducted by a qualified and certified collector. Chain-of-Custody procedure is to be applied to the sample. Testing is to be conducted at an approved laboratory, accredited to conduct hair drug testing to the recognised International Standard ISO/IEC 17025:2005 by the relevant national accreditation body for that laboratory. Either head or body hair may be collected for testing. To give effect to this order:
(a)The father is required to maintain his head hair at a length of not less than four (4) centimetres; neither head hair nor body hair is to be cut, bleached or dyed between the date of this order and the time of collection of hair;
(b)Within ninety (90) days of the date of these orders, the father is required to make an appointment with AWDTS for the purpose of providing a hair sample for hair drug and alcohol testing purposes;
(c)Each party or their legal representatives is at liberty to provide AWDTS with a copy of these orders;
(d)The father is to attend at an AWDTS Clinic or nominee and submit to the supervised collection of a hair sample from the father in consecutive three monthly intervals;
(e)The father is to provide the collector with photographic identification to be recorded before each hair collection and authority, with this order also hereby authorising AWDTS or nominee to provide the results of each test directly to both parties, the father and the mother, and their legal representatives upon receipt of such test results;
(f)The hair drug and alcohol test may screen for alcohol EtG and drugs of abuse including amphetamine-type substances and metabolites, cannabis and metabolites, cocaine and metabolites, opioids and metabolites and any other illicit drug;
(g)AWDTS is required to utilise the testing services of an appropriate laboratory accredited to conduct hair drug testing to the recognised International Standard ISO/IEC 17025:2005 by the relevant National Accreditation body; AWDTS’ selection is to be based on the type of test required, the specific drug or drugs to be tested, the laboratory’s compliance level with international Society of Hair Testing (SoHT) guidelines, cost, and time required for results to be made available;
(h)The costs of the hair alcohol and drug test are to be met by the father and mother equally with the Father to pay for the first test (and each alternate test thereafter) and the Mother to pay for the second test (and each alternate test thereafter).
(i)For the purposes of the Mother paying for alternate tests, the Mother shall transfer to the Father the full amount required to complete the test no less than 5 business days prior to the test date and in the event that the Mother fails to make a payment as ordered the Father shall not be required to undergo further testing until such time as the Mother makes payment.
24.That the Mother be at liberty to request that the Father obtain further alcohol and drug testing in accordance with Order 23 above, with the Father to obtain the test within seven (7) days of a request by the Mother. The Mother is at liberty to request that the Father undertake a test no more than once every three month period, and the Mother is to be responsible for the costs associated with any further testing until September 2024.
25.In the event that:
(a)A hair alcohol and drug test result of the father detects a substance referred to in order 23(f) other than a lawfully obtained current prescription or over-the-counter medication or if the Father’s alcohol reading shows consumption in excess of a low to moderate reading; or
(b)The father fails to provide a hair sample in accordance with these orders within the timeframe provided for in these orders; or
(c)The father’s hair is not maintained as referred to in order 23(a);
then the child will spend time with the Father monthly for two hours at C Services at times C Services can facilitate with the Father to be solely responsible for meeting the costs of supervision until such time as the Father has provided a negative test result or alcohol consumption at a low to moderate alcohol result in accordance with these orders.
Parent’s Mental Health
26.That unless they are already engaged with a treating Psychologist, within seven (7) days of the date of these Orders the parents must seek a referral to a treating registered Psychologist and thereafter attend upon them at first appointment available.
27.That the parents must each remain engaged with a Registered Psychologist for the management of their mental health and continue to engage as directed in accordance with any recommendations of their treating psychologist.
28.That within seven (7) days of the date of these Orders, the Father must provide the Mother with the name and contact details of his GP and treating Psychologist and notify the Mother of any change to those practitioners within 48 hours.
29.That within 48 hours of any of the following events, the parents must contact each other and inform them of the event, the details of the event, the police station involved and Court (if relevant):
(a)A parent is an aggrieved or a respondent to a Domestic Violence application;
(b)A child is exposed to, or subjected to a domestic violence incident;
(c)A complaint is made to the police about a parent;
(d)A parent is charged with any criminal offence;
(e)A police or child safety officer attends upon their home.
Parent’s Communication
30.That for the purposes of communicating information between the parents the Mother and the Father shall:
(a)communicate by telephone matters of an urgent nature in relation to the child;
(b)communicate by email about day to day matters including arrangements for each parent to spend time with the child.
31.The parents are to keep each other informed of:
(a)any medical problems or illnesses suffered by the child whilst in their care;
(b)any medication that has been prescribed for the child;
(c)any other matter relevant to the child’s welfare.
32.That the parents advise each other of their current contact telephone numbers and inform the other parent of any changes to these details within seven days of such change occurring.
Schooling
33.That within seven (7) days, the Mother will provide the Father with details of the child’s school and ensure that the Father’s details are provided to the school including on any enrolment form.
34.These Orders authorise each of the parents to contact the child’s school and obtain information about the child’s school reports, progress, school letters, school events and school photos at that parent’s costs.
35.That from Term 1, 2024, the Father be at liberty to attend all school and extracurricular events that parents are normally invited to attend subject to the school or extracurricular activity provider’s sole discretion including school functions, concerts, school assemblies, sports days, parent and teacher interviews, canteen duties and social functions with the Father to inform the Mother at least three days prior to the event, if he will be attending and the parents are not to approach or remain proximate to each other.
Medical
36.That the parents inform each other in writing as soon as practical of any specialist medical appointments with any specialist medical practitioner, psychologist, psychiatrist, counsellor or therapist (hereinafter referred to as “consultant’) in relation to the child.
37.That these Orders authorise both parents to obtain any reports or other information in relation to the child directly from the child’s treating medical or allied health practitioner at the requesting parent’s cost.
38.That if a child is hospitalised or receiving specialist medical attention, the parent spending time with the child shall notify the other parent as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital.
39.The parents are to ensure that any medication prescribed for the child travels with the child when he is spending time with the other parent and in the event a parent forgets to include such medication, that parent is to send the other parent the medication at their cost forthwith with each parent to provide the other with a suitable address within twenty four (24) hours which need not be where they live.
Restraints
40.Each parent will abstain from the use or consumption of any drugs listed in the Schedules 1 or 2 of the Drugs Misuse Regulation 1987 (QLD) whilst the child is in their care.
41.The Father be restrained from consuming alcohol whilst the child is in his care.
Other Orders
42.That during the time the child is with either parent, the parents shall:
(a)Actively promote the child’s relationship with the other parent and speak of the other parent respectfully;
(b)Respect the privacy of the other parent and not question the child about the personal life of the other parent;
(c)Not denigrate or insult the other parent in the presence or hearing of the child and use their best endeavours to ensure that others do not denigrate or insult the other parent in the hearing or presence of the child and shall remove the child from the presence and hearing of any third party who is doing so;
(d)Not denigrate or insult the other parent on social networking media or sites, and
(e)Not discuss the contents of this Order, these proceedings or adult issues in the hearing or presence of the child and use their best endeavours to ensure that others do not discuss the contents of this Order, these proceedings or adult issues in the hearing or presence of the child.
(f)Not use any form of physical discipline on the child;
(g)Not smoke in the presence of the child nor in confined spaces or a vehicle in which the child is located;
(h)Remove the child from the presence of any person who is using or under the influence of any illicit substance.
43.That pursuant to s11(1)(b)(i) of the Australian Passport Act 2005 (Cth), the child, shall be permitted to hold Australian Travel Documents including a Passport.
44.That pursuant to section 65L of the Family Law Act 1975 (Cth), Ms D shall explain these orders to the child and the parents are restrained from explaining or discussing any orders with the child save that the parents are permitted to inform the child that they have reached an agreement which Ms D will explain to him at a date and time to be advised, with the parent who has care of the child that day to take the child to such appointment and the parents to be equally responsible for the fees associated with this appointment.
IT IS FURTHER ORDERED
45.Pursuant to Section 65DA(2) of the Family Law Act 1975 (Cth) the particulars of the obligations this Order creates and the particulars of the consequences that may follow if a person contravenes this Order are set out in “Parenting Orders – obligations, consequences and who can help” and these particulars are included in this Order.
NOTATION
D.The making of an Order in terms of paragraph 40 herein should not be interpreted as the Court otherwise condoning such conduct at other times, but is made upon the joint request of the parties.
E.There is no Court by the name “Federal Circuit and Family Court of Australia”. This Court was formerly known as the Family Court of Australia and is now known as the Federal Circuit and Family Court of Australia (Division 1).
F.The design of the seal affixed to this Order issued by the Federal Circuit and Family Court of Australia (Division 1) was determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym, Hartfield & Dembow, has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
CAREW J:
These proceedings concern the care of 7 year old X, who is the only son of Mr Hartfield (“the father”) and Ms Dembow (“the mother”). The mother and father were living apart for the first four months of X’s life and separated on a final basis when he was 15 months old. Since separation, X has lived with his mother, who relocated from Melbourne to Brisbane following separation in 2017.
It is common ground that the relationship between the father and the mother was abusive both physically and emotionally and that X and the father’s other child, G, were exposed to family violence. It is also common ground that both parties abused alcohol and at times other substances. The father admits to physically assaulting the mother on occasion and expresses remorse for his behaviour, but he contends the mother has otherwise exaggerated or fabricated the extent and/or frequency of his violence. The father nevertheless concedes that there were times he blacked out due to his alcohol consumption. The mother admits to physically assaulting the father on occasion but contends she did so in self-defence.
The police attended the parties’ home on numerous occasions, sometimes removing the father and sometimes removing the mother. There were mutual protection orders taken out in the past but there are no current protection orders in place.
The father commenced parenting proceedings in September 2019. The father spent virtually no time with X until 2020 and thereafter has spent limited supervised time with him. The father’s ability to spend time with X was severely impacted by the COVID pandemic when borders between States were closed and the contact centre was closed on occasions.
A five day trial was due to commence yesterday. The parties indicated that they were having fruitful discussion about settlement or at least narrowing the issues. The parties negotiated all day yesterday and when the matter was to resume at 10.00 am today they sought further time to finalise what they anticipated would be a final resolution of all matters.
The parties, including the independent children’s lawyer (“ICL”), have produced a very detailed minute of order and submit that such an order is in X’s best interests. Pursuant to the minute, X will continue to live with his mother in Brisbane and will continue to spend supervised time in Brisbane with the father, with that time gradually increasing until the addition of school holiday time and the eventual removal of supervision and with holiday time to occur in Victoria from mid-2024. However, coupled with those provisions are risk management provisions intended to minimise any risk to the child. The minute provides a comprehensive suite of orders.
Importantly, the very serious issues raised by each party in the matter about family violence and mental health issues have been addressed by requiring ongoing counselling, drug and alcohol testing, and supervision of the father’s time with X for another significant period. The father’s current wife, Ms B, has provided an undertaking to the Court that she will immediately provide the mother with information, e.g. if the father relapses with respect to drug or alcohol use, and it is agreed that she will supervise the father’s time with X for the period agreed to.
BACKGROUND
The parties commenced a de-facto relationship in 2014 and separated in 2017. The father is 50 years of age and completing a tertiary degree. The mother is 40 years of age and works full-time as a professional.
Both parties have re-partnered. The father is married to Ms B, who is 37 years of age. They commenced a relationship in late 2017, married in 2019 and reside together in Melbourne with Ms B’s children from a previous relationship, J, aged 9 and H, aged 12, as well as the father’s child from a previous relationship, G, aged 17.
The mother commenced a relationship with Mr L in around late 2017. She currently resides with Mr L and his daughter, K, aged 8, who spends time with them each alternate week, and X.
In his trial affidavit, the father says, “since separating from [the mother] in 2017, I have worked very hard on my physical and mental health including engaging with anger management counselling and alcohol rehabilitation programs.”
The father enrolled in and completed an anger management course with Mr M in mid-2020. He engaged in Alcohol and Other Drugs assessment in early 2019 through N Organisation and admitted himself to the residential withdrawal unit for a period of 10 days in mid-2019 through P Health Service. The father contends that he has not consumed alcohol since that date.
WHAT ARE THE ISSUES IN DISPUTE?
The agreed issues, if the matter had proceeded to a final determination, were as follows:
(1)Whether or not the father presents an unacceptable risk of harm to the child by reason of his alcohol and/or substance misuse, family violence or his mental health issues;
(2)If the father does pose an unacceptable risk of harm to the child, whether that risk is ameliorated by the child spending supervised time with the father;
(3)If supervised time would ameliorate any unacceptable risk, whether an order for long term supervision is in the child’s best interests, given the child’s age;
(4)If the father does not pose an unacceptable risk to the child and the court is considering the child spending unsupervised time with the father, whether the mother’s parenting capacity will be impaired by reason of her mental health issues;
(5)Whether the mother will support the child’s relationship with the father in the event he is found not to pose an unacceptable risk of harm;
(6)Whether the mother should have sole parental responsibility or whether the parents should have equal shared parental responsibility.
WHAT LAW GOVERNS THE DETERMINATION OF PARENTING DISPUTES?
Every parenting decision requires the application of the relevant parts of Part VII of the Family Law Act 1975 (Cth) (“the Act”) which sets out the objects, principles and matters that must be considered when determining what parenting order is proper.[1]
[1] Family Law Act 1975 (Cth), s 65D.
A ‘parenting order’ is defined in s 64B of the Act and may deal with matters including:
(a)The person or persons with whom a child is to live;
(b)The time a child is to spend with another person or other persons;
(c)The allocation of parental responsibility; and
(d)The communication a child is to have with another person or persons.
The objects and principles of Part VII of the Act are set out in s 60B(1) and s 60B(2) and those sections make it clear that the Court is concerned with, among other things, a child’s right to be cared for by both parents when it is safe for that to occur.
In deciding whether to make a particular parenting order, the Court must regard the best interests of the child as the paramount consideration (s 60CA) and the matters to be taken into account when determining best interests are set out in s 60CC(2) and (3).
However, s 60CC(5) provides that if the court is considering whether to make an order with the consent of all the parties to the proceedings, the court may, but is not required to, have regard to all or any of the matters set out in subsection (2) or (3).
Section 60CG imposes a statutory imperative to ensure that a parenting order does not expose a person to an unacceptable risk of family violence and empowers the Court to include in the order any safeguards that it considers necessary for the safety of those affected by the order.
I am satisfied that the various measures contained in the proposed minute of order adequately address matters of risk and that the proposed order is in the child’s best interests in the circumstances of this case.
I certify that the preceding twenty (20) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Carew. Associate:
Dated: 28 February 2023
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