FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hinton & Wolfe [2025] FedCFamC2F 229
File number(s): WOC 480 of 2024 Judgment of: JUDGE TAGLIERI Date of judgment: 21 February 2025 Catchwords: FAMILY LAW – review application – interim parenting proceedings – where the father alleges that the mother’s new partner is a risk to the children – assessment of risk in interim parenting proceedings – order restraining the mother from leaving the children alone in the presence of her new partner for more than 3 hours Legislation: Family Law Act 1975 (Cth) ss 4AB, 60CC(2), 60CC(2)(a), 60CC(2)(d), 60CC(2A), 60CC(2A)(a)
Federal Circuit and Family Court (Family Law) Rules 2021 (Cth) sch 4 cl 2, rr 10.13, 14.07
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 254
Cases cited: Goode & Goode [2006] FamCA 1346
Lavigne & Gavin [2021] FamCA 612
Marvel & Marvel [2010] FamCAFC 101
MRR & GR [2010] HCA 4
Division: Division 2 Family Law Number of paragraphs: 31 Date of hearing: 6 February 2025 Place: Hobart Counsel for the Applicant: Ms Otrebski Solicitor for the Applicant: Rossi Simicic Lawyers Counsel for the Respondent: Ms Doosey Solicitor for the Respondent: Foye Legal ORDERS
WOC 480 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR HINTON
Applicant
AND: MS WOLFE
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
21 FEBRUARY 2025
THE COURT ORDERS THAT:
1.Until further order, the Respondent Mother MS WOLFE is restrained from leaving the children X born 2013 and Y born 2015 alone in the presence of MR C for a period of longer than three (3) hours.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Judge Taglieri
Interim parenting orders were made by a Senior Judicial Registrar in these proceedings on 6 November 2024 (“the interim parenting orders”) concerning two children, X aged 11 years and Y aged nine years (collectively “the children”).
By Application for Review dated 22 November 2024 the Respondent Mother Ms Wolfe (“the Mother”) seeks to discharge Order 19 of the interim parenting orders. The relevant order provided that:
19.The Mother is to ensure that the children not be left alone in the car of [Mr C] for…
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- Case
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CaseChat Overview and Summary
The court was required to determine whether there was sufficient evidence to support the applicant’s claims that Mr C posed a significant risk to the children. This involved assessing the nature and seriousness of the allegations against Mr C, the credibility of the evidence presented, and the potential impact of the proposed order on all parties involved. The court had to balance the need to protect the children against the rights and freedoms of the parents under the Family Law Act 1975 (Cth).
After considering the evidence, Judge Tagliari concluded that there was a real and present risk to the children if they were left alone with Mr C for extended periods. The court found that the applicant had demonstrated a credible concern regarding the children’s safety. The judge considered the specific incidents described by Mr Hinton and the past criminal history of Mr C, which included charges related to domestic violence and drug offences. Based on this assessment, the court issued an interim order restraining Ms Wolfe from leaving the children alone with Mr C for more than three hours until further order. This decision was made to protect the welfare and safety of the children while the matter proceeded further.
The court’s final order, effective from 21 February 2025, restricts Ms Wolfe from leaving the children X and Y alone with Mr C for periods exceeding three hours. The form of the order is subject to review for minor typographical or grammatical errors or to record variations as permitted by the relevant federal rules.
Orders
Orders of the court
WOC 480 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR HINTON
Applicant
AND:
MS WOLFE
Respondent
ORDER MADE BY:
JUDGE TAGLIERI
DATE OF ORDER:
21 FEBRUARY 2025
THE COURT ORDERS THAT:
1. Until further order, the Respondent Mother MS WOLFE is restrained from leaving the children X born 2013 and Y born 2015 alone in the presence of MR C for a period of longer than three (3) hours.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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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