Federal Circuit and Family Court of Australia
(DIVISION 2)
Henderson & Mumford [2022] FedCFamC2F 1344
File number(s): NCC 3747 of 2018 Judgment of: JUDGE BETTS Date of judgment: 11 October 2022 Catchwords: FAMILY LAW – Parenting – final orders – two children, aged 9 and 8 years – where the Mother relocated from rural Victoria to the NSW Region B in 2018 – where the Father has remained living in Victoria – where the Mother alleges the Father perpetrated physical, verbal, emotional and sexual family violence – where the Father has a history of abusing alcohol and prescription medication – where the Father has previously tested positive for using methamphetamine – where the Mother seeks a “no time and no communication order” – where the Father adopted the ICL’s proposal for limited school holiday time, with safeguards – where the Court must weigh up the risks posed by the Father and his history of perpetrating family violence – where the court must consider if the Mother’s capacity to parent the children would be adversely impacted by making the Father’s proposed orders – best interests of the children. Legislation: Family Law Act 1975 (Cth), Pt VII
Summary Offences Act 1966 (Victoria), s 7
Cases cited: A v A (1998) FLC 92-800
Amador & Amador (2009) 43 Fam LR 268
Blinko & Blinko [2015] FamCAFC 146
Helbig & Rowe [2016] FamCAFC 117
Jones v Dunkel (1959) 101 CLR 298
Keane & Keane [2021] FamCAFC 1
M & M (1988) FLC 91-979
Russell & Close (Unreported Full Court, 25 June 1993)
Sedgley & Sedgley (1995) FLC 92-623
Division: Division 2 Family Law Number of paragraphs: 199 Date of last submission/s: 7 June 2022 Date of hearing: 29, 30 November 2021, 24, 25 March 2022 and 7 June 2022 Place: Newcastle Counsel for the Applicant: Mr Graham Solicitor for the Applicant: Tony Cox Lawyers Counsel for the Respondent: Ms Kaiti Solicitor for the Respondent: Strive Family Law & Mediations Solicitor Advocate for the Independent Children’s Lawyer: Ms Blackman Solicitor for the Independent Children’s Lawyer: Legal Aid NSW Town Y ORDERS
NCC 3747 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS HENDERSON
Applicant
AND: MR MUMFORD
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE BETTS
DATE OF ORDER:
11 October 2022
THE COURT ORDERS THAT:
1.The children X born in 2012 and Y born in 2014 (“the children”) live with the Mother.
2.The Mother have sole parental responsibility for the children.
3.The children spend no time with, and have no communication with the Father.
4.Pursuant to section 68B of the Family Law Act1975 (Cth), the Father is restrained by injunction from removing the children from any day care centre, school, extra-curricular activity or from the care of any person in whose care the Mother has placed the children.
5.Pursuant to section 11(1)(b) of the Australian Passports Act2005, the Mother is authorised to apply for and retain a passport for the children without the Father’s written consent or…
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