Houghton & Dunne

Case [2024] FedCFamC2F 259


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
Decision Date

CaseChat Overview and Summary

In the case of Houghton & Dunne, the applicant, Ms Houghton, sought sole parental responsibility for the child X, born in 2015, and to restrict contact with the father, Mr Dunne, and his mother, Ms Pierce, due to a history of family violence. The paternal grandmother also sought time with the child. The Family Court of Australia, Division 2, presided over by Judge Vasta, had to determine whether Mr Dunne and Ms Pierce posed an unacceptable risk to the child and whether the paternal grandmother could be trusted to supervise contact between her and the child.

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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