Hickson and Green

FAMILY COURT OF AUSTRALIA

HICKSON & GREEN [2017] FamCA 1124

FAMILY LAW – CHILDREN – Parenting orders – Variation – Where child and family psychiatrist raises serious concerns in single expert report, yet to be tested, about the capacity of the mother and recommends the mother have no contact with the children for six months – Where the applicant father sought a variation of interim parenting orders to suspend the children’s supervised time and telephone communication with the mother – Where the children enjoy spending time with their mother – Where the telephone communication can be problematic and difficult – Concluded the supervised visits for the children take place in a safe, supervised setting – Concluded the suspension of telephone calls eliminates the risk of the mother negatively impacting the children – Ordered the suspension of all telephone communication between the mother and the children – Ordered the mother may provide her treating psychiatrist a copy of the single expert  report

APPLICANT: Mr Hickson

RESPONDENT: Ms Green

INDEPENDENT CHILDREN’S LAWYER: Hannaway Lawyers

FILE NUMBER: NCC 2356 of 2015

DATE DELIVERED: 14 December 2017

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Cleary J

HEARING DATE: 13 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: N/A

SOLICITOR FOR THE APPLICANT: Priest Legal

COUNSEL FOR THE RESPONDENT: N/A

SOLICITOR FOR THE RESPONDENT: Georgia Flynn Solicitors

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: N/A

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Hannaway Lawyers

Orders

1. Order 1.6 [as set out herein] of the orders made 10 February 2017 is suspended:

   1.6By telephone every Tuesday with the mother to initiate the call between 6.00 pm and 6.30 pm and the father to make the children available to speak with the mother, commencing after the first contact visit the children have with the mother at [G Group].

2. The mother is restrained from contacting the children, or any of them, by telephone or permitting third parties to contact the children on her behalf.

IT IS FURTHER ORDERED THAT

1. The Independent Children’s Lawyer to provide a copy of these orders to G Group Contact Centre.

2. By consent, the mother has leave to provide to her treating psychiatrist Dr J a copy of the report dated 13 October 2017 of Dr K, child and family psychiatrist.

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 Hickson & Green 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 NEWCASTLE

FILE NUMBER:  NCC2356/2015

Mr Hickson

Applicant

And

Ms Green

Respondent

And

Independent Children’s Lawyer

EX-TEMPORE REASONS FOR JUDGMENT

Introduction

1. This…