FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Houghton & Dunne [2024] FedCFamC2F 259
File number(s): BRC 15957 of 2020 Judgment of: JUDGE VASTA Date of judgment: 29 February 2024 Catchwords: FAMILY LAW – parenting – history of family violence – whether father poses an unacceptable risk – where report writers entered into finding of facts – no time order and injunctions made – where paternal grandmother seeks time – where court cannot trust paternal grandmother – where order for supervised time only made Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CG, 61DA, 64B, 65D, 65DAB Division: Division 2 Family Law Number of paragraphs: 394 Date of last submission/s: 22 February 2024 Date of hearing: 7, 8, 9 November 2023 and 21 and 22 February 2024 Place: Brisbane Counsel for the Applicant: Ms Chekirova Solicitor for the Applicant: Cornerstone Law Offices Counsel for the First Respondent: Mr Taylor Solicitor for the First Respondent: Derek Legal Counsel for the Second Respondent: the Second Respondent appearing on her own behalf Counsel for the Independent Children's Lawyer: Mr Jones Solicitor for the Independent Children's Lawyer: Bridges Family Law Specialists ORDERS
BRC 15957 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS HOUGHTON
Applicant
AND: MR DUNNE
First Respondent
MS PIERCE
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE VASTA
DATE OF ORDER:
29 FEBRUARY 2024
BY WAY OF FINAL ORDER, THE COURT ORDERS THAT:
1.All previous orders are discharged.
2.The mother is to have sole parental responsibility for the child X born in 2015 (“the Child”).
3.The Child live with the mother.
4.The Child spend no time and have no contact whatsoever with the father.
5.Pursuant to s.68B of the Family Law Act 1975 (Cth) (“the Act”), an injunction is issued restraining the father and the paternal grandmother from entering or remaining in any place of residence or education of the Child.
6.Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from coming within 1000 metres of any place of residence, temporary accommodation, or education facility of the Child.
7.Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from entering or remaining in any place of residence, employment or education of the mother.
8.Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from coming within 1000 metres of any place of residence, temporary accommodation, employment or education of the mother.
9.The Child spend time with the paternal grandmother on the last Saturday or Sunday (the actual day being at the sole discretion of the mother) of each calendar month (except if such weekend is the Easter weekend or includes Christmas Day) for a period of two hours.
10.The time set out in order 9 herein is to be facilitated at a contact centre of the mother’s choosing.
11.Such contact centre is to be provided with a copy of these Reasons.…
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- Houghton & Dunne [2024] FedCFamC2F 259
- Case
- [2024] FedCFamC2F 259
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CaseChat Overview and Summary
The court considered the evidence provided by the Independent Children's Lawyer, a psychologist, and the family report, which highlighted the father's history of violence, drug use, and criminal activity. The court found that the paternal grandmother could not be trusted to supervise contact between her and the child, and the father's history of violence made him an unacceptable risk. The court also found that the paternal grandmother's involvement in the father's criminal activities and drug use further undermined her reliability as a contact supervisor.
The court granted Ms Houghton sole parental responsibility and ordered that the child live with her and have no contact with Mr Dunne or Ms Pierce. The court issued injunctions restraining Mr Dunne and Ms Pierce from entering or remaining in any place of residence or education of the child and coming within 1000 metres of any place of residence, temporary accommodation, or education facility of the child. The court also granted the child supervised time with the paternal grandmother at a contact centre of the mother's choosing, with close monitoring by the contact centre staff. If any inappropriate conversation or activity between the paternal grandmother and the child occurred, the visit was to end and all time between them would cease. The paternal grandmother was to meet all costs associated with the contact centre.
The court's final orders discharged all previous orders, granted Ms Houghton sole parental responsibility for the child, ordered that the child live with her, and prohibited the child from having any contact with Mr Dunne or Ms Pierce. The court also issued injunctions restraining Mr Dunne and Ms Pierce from entering or remaining in any place of residence or education of the child and coming within 1000 metres of any place of residence, temporary accommodation, or education facility of the child. The court granted the child supervised time with the paternal grandmother at a contact centre of the mother's choosing, with close monitoring by the contact centre staff. If any inappropriate conversation or activity between the paternal grandmother and the child occurred, the visit was to end and all time between them would cease. The paternal grandmother was to meet all costs associated with the contact centre.
Orders
Orders of the court
BRC 15957 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS HOUGHTON
Applicant
AND:
MR DUNNE
First Respondent
MS PIERCE
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE VASTA
DATE OF ORDER:
29 FEBRUARY 2024
BY WAY OF FINAL ORDER, THE COURT ORDERS THAT:
1. All previous orders are discharged.
2. The mother is to have sole parental responsibility for the child X born in 2015 (“the Child”).
3. The Child live with the mother.
4. The Child spend no time and have no contact whatsoever with the father.
5. Pursuant to s.68B of the Family Law Act 1975 (Cth) (“the Act”), an injunction is issued restraining the father and the paternal grandmother from entering or remaining in any place of residence or education of the Child.
6. Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from coming within 1000 metres of any place of residence, temporary accommodation, or education facility of the Child.
7. Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from entering or remaining in any place of residence, employment or education of the mother.
8. Pursuant to s.68B of the Act, an injunction is issued restraining the father and the paternal grandmother from coming within 1000 metres of any place of residence, temporary accommodation, employment or education of the mother.
9. The Child spend time with the paternal grandmother on the last Saturday or Sunday (the actual day being at the sole discretion of the mother) of each calendar month (except if such weekend is the Easter weekend or includes Christmas Day) for a period of two hours.
10. The time set out in order 9 herein is to be facilitated at a contact centre of the mother’s choosing.
11. Such contact centre is to be provided with a copy of these Reasons. The contact centre is to closely monitor the conversations and activities between the paternal grandmother and the Child. If, according to the contact centre staff, there is any inappropriate conversation or activity between the paternal grandmother and the Child, then the visit is to end and all time between the paternal grandmother and the Child shall cease.
12. The paternal grandmother is to meet all costs associated with the contact centre.
13. Pursuant to s 121 of the Family Law Act 1975, the Independent Children’s Lawyer is to distribute a copy of these Reasons to the Department of Child Safety, the Queensland Police Service, the Australian Federal Police, the Department of Health, the Department of Education, the contact centre selected by the mother and any educational institution attended by the Child.
14. At the expiry of the appeal period, the Independent Children’s Lawyer is discharged.
NOTATION:
A. That pursuant to section 65DA(2) of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in “Parenting orders – obligations, consequences and who can help” and these particulars are included in these orders.
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.
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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