Humphrey & Humphrey (No 3) - [2024] FedCFamC1F 691

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Humphrey & Humphrey (No 3) [2024] FedCFamC1F 691

File number(s): BRC 4211 of 2019

Judgment of: BAUMANN J

Date of judgment: 12 September 2024

Catchwords: FAMILY LAW – CHILDREN – Where the parents have a high level of conflict – Where the now teenage children are expressing views regarding parenting proceedings – Where no orders were made regarding the older child who is approaching 18 years – Where interim Orders were made for the younger child to spend unsupervised time with the mother during the school holiday period

Legislation: Family Law Act 1975 (Cth) s 60CC

Cases cited:
Banks & Banks (2015) FLC 93-637

Humphrey & Humphrey (No 2) [2022] FedCFamC1F 640

Division: Division 1 First Instance

Number of paragraphs: 68

Date of hearing: 12 September 2024

Place: Brisbane

Counsel for the Applicant: Mr T Matthews KC

Solicitor for the Applicant: Evans Brandon Family Lawyers

Solicitor for the Respondent: Litigant in person
ORDERS

BRC 4211 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS HUMPHREY

Applicant

AND:
MR HUMPHREY

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

12 SEPTEMBER 2024

THE COURT ORDERS UNTIL FURTHER ORDER:
1.That the child Z born 2011 (“the child”) spend time with the mother during the Term 3 2024 school holiday period, from 12.00pm on Friday 13 September 2024 until before school on 1 October 2024.
2.That changeover on 13 September 2024 shall occur at McDonalds Suburb AA.
3.That during the child’s time with the mother as prescribed at Order 1 and on a without admissions basis, the mother shall not bring the child into contact with or allow the child to remain within the presence or contact of any member of the maternal family.
4.That during the time with the mother as prescribed at Order 1, the child shall communicate with the father by telephone each Wednesday and Sunday commencing between 4.00pm and 6.00pm, with the mother to facilitate the communication by the child calling the father’s mobile, with such calls to occur in private and not be recorded by either parent.
5.That any previous orders prescribing time the child X born 2007 spends with the mother shall be discharged.
6.That these proceedings be adjourned for Case Management Hearing at 9.30am on 16 October 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.
7.That the parties be at liberty to apply to have the matter re-listed.

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Humphrey & Humphrey (No 3)

Details

AGLC: Humphrey & Humphrey (No 3) [2024] FedCFamC1F 691
Case: [2024] FedCFamC1F 691
Decision Date: 12 September 2024

CaseChat Overview and Summary

In the matter of Humphrey and Humphrey, the Federal Circuit and Family Court of Australia (Division 1) heard a dispute between the parents, Ms Humphrey and Mr Humphrey, regarding their children. The case involved two children, with the older child approaching 18 years of age and the younger child being in their early teens. The parents had a high level of conflict, and the younger child had expressed views regarding the parenting proceedings. The court was required to decide on the parenting arrangements for the younger child during the upcoming school holidays, as well as the ongoing communication with the father.

The court considered the high level of conflict between the parents and the views expressed by the younger child. It also noted that no orders were made regarding the older child who was approaching 18 years of age. The court made interim orders for the younger child to spend unsupervised time with the mother during the school holiday period. The court also prescribed the changeover location, communication between the child and father, and restrictions on contact with the maternal family. The court discharged any previous orders prescribing time the older child spends with the mother.

The court ordered that the younger child spend time with the mother during the Term 3 2024 school holiday period. The court also prescribed the changeover location and communication between the child and father. The court restricted the child’s contact with the maternal family. The court discharged any previous orders prescribing time the older child spends with the mother and adjourned the case for a Case Management Hearing. The court also noted that the parties were at liberty to apply to have the matter re-listed.

The court ordered that the younger child spend time with the mother during the Term 3 2024 school holiday period, with specific changeover arrangements and communication with the father. The court restricted the child’s contact with the maternal family and discharged any previous orders prescribing time the older child spends with the mother. The court adjourned the case for a Case Management Hearing and noted that the parties were at liberty to apply to have the matter re-listed.

Orders

Orders of the court

BRC 4211 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS HUMPHREY

Applicant

AND:

MR HUMPHREY

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

12 SEPTEMBER 2024

THE COURT ORDERS UNTIL FURTHER ORDER:

1. That the child Z born 2011 (“the child”) spend time with the mother during the Term 3 2024 school holiday period, from 12.00pm on Friday 13 September 2024 until before school on 1 October 2024.

2. That changeover on 13 September 2024 shall occur at McDonalds Suburb AA.

3. That during the child’s time with the mother as prescribed at Order 1 and on a without admissions basis, the mother shall not bring the child into contact with or allow the child to remain within the presence or contact of any member of the maternal family.

4. That during the time with the mother as prescribed at Order 1, the child shall communicate with the father by telephone each Wednesday and Sunday commencing between 4.00pm and 6.00pm, with the mother to facilitate the communication by the child calling the father’s mobile, with such calls to occur in private and not be recorded by either parent.

5. That any previous orders prescribing time the child X born 2007 spends with the mother shall be discharged.

6. That these proceedings be adjourned for Case Management Hearing at 9.30am on 16 October 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.

7. That the parties be at liberty to apply to have the matter re-listed.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	BRC 4211 of 2019
Judgment of:	BAUMANN J
Date of judgment:	12 September 2024
Catchwords:	FAMILY LAW – CHILDREN – Where the parents have a high level of conflict – Where the now teenage children are expressing views regarding parenting proceedings – Where no orders were made regarding the older child who is approaching 18 years – Where interim Orders were made for the younger child to spend unsupervised time with the mother during the school holiday period
Legislation:	Family Law Act 1975 (Cth) s 60CC
Cases cited:	Banks & Banks (2015) FLC 93-637 Humphrey & Humphrey (No 2) [2022] FedCFamC1F 640
Division:	Division 1 First Instance
Number of paragraphs:	68
Date of hearing:	12 September 2024
Place:	Brisbane
Counsel for the Applicant:	Mr T Matthews KC
Solicitor for the Applicant:	Evans Brandon Family Lawyers
Solicitor for the Respondent:	Litigant in person

BRC 4211 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS HUMPHREY Applicant
AND:	MR HUMPHREY Respondent

ORDER MADE BY:	BAUMANN J
DATE OF ORDER:	12 SEPTEMBER 2024