Hasila and Fatisi (No 2)

FAMILY COURT OF AUSTRALIA

HASILA & FATISI (NO. 2) [2019] FamCA 622

FAMILY LAW – CHILDREN – Allegations of family violence – allegations of children’s exposure to family violence – assertions of trauma – consequences of exposure to Father if the author of trauma – unacceptable risk – factual findings in the context of assessment of unacceptable risk – no unacceptable risk - where the Father has not spent time with the children for three years – poor prospects for reintroduction – lack of evidence as to facilities to assist in reintroduction – reintroduction unlikely to be supported by the Mother – no orders for time

Family Law Act 1975 (Cth) ss 60B, 60CC, 64B, 65DAA and 65DAC

Amador & Amador [2009] 43 FamCAFC 196
Briginshaw v Briginshaw (1938) 60 CLR 336
Duarte & Anor & Morse [2019] FamCAFC 93
Johnson & Page [2007] FamCA 1235
Jones v Dunkel (1959) 101 CLR 298
M & M (1988) 166 CLR 69
N & S and the Separate Representative (1996) FLC 92-655
Paul’s Retail Pty Ltd v Sporte Leisure Pty Ltd [2012] FCAFC 51
Sahrawi & Hadrami [2018] FamCAFC 170
Schellenberg v Tunnel Holdings 200 CLR 121
State Rail Authority of New South Wales v Earthline. Constructions Pty Ltd (in liq) (1999) 73 ALJR 306
W v W (Abuse Allegations Unacceptable Risk) (2005) FLC 93-235

APPLICANT: Mr Hasila

RESPONDENT: Ms Fatisi

INDEPENDENT CHILDREN’S LAWYER: Jeanine Lloyd

FILE NUMBER: CAC 1741 of 2018

DATE DELIVERED: 5 September 2019

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 16 - 25 July 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Morrisroe

SOLICITOR FOR THE APPLICANT: Watts McCray Lawyers

COUNSEL FOR THE RESPONDENT: Mr Haddock

SOLICITOR FOR THE RESPONDENT: Legal Aid ACT

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Jeanine Lloyd & Associates Family Lawyer

Orders

1. The Mother has sole parental responsibility for X and Y (the children);

2. The children shall live with the Mother;

3. The Mother shall authorise and maintain authorisations at each of the children’s school for the Father to obtain school reports, newsletters and any information regarding the children’s progress at school;

4. The Mother shall advise and keep the Father advised in writing as to the identity of each of the children’s school.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hasila & Fatisi has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1741 of 2018

Mr Hasila

Applicant

And

Ms Fatisi

Respondent

REASONS FOR JUDGMENT

Introduction

1. The parties to these proceedings…