FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Iwata & Otxoa (No 2) [2023] FedCFamC2F 744
File number(s): ADC 4450 of 2021 Judgment of: JUDGE PARKER Date of judgment: 5 June 2023 Catchwords: FAMILY LAW – PARENTNG – undefended hearing – refusal of Respondent to engage with parenting issues Legislation: Family Law Act (1975) (Cth) ss 60B, 60CA, 60CC, 61DA, 62B, 65DA, 69VA, 69ZB, 69ZW, 102NA, 117
Federal Circuit and Family Court of Australia (Family Law) Act 2021 (Cth) s 190
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.33, 2.01, 10.26
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth), schedule 1
Division: Division 2 Family Law Number of paragraphs: 45 Date of hearing: 5 June 2023 Place: Adelaide Solicitor Advocate for the Applicant Ms Dansie, Stevens Law Counsel for the Respondent: Appeared in Person ORDERS
ADC 4450 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS IWATA
Applicant
AND: MR OTXOA
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
5 JUNE 2023
UPON APPLICATION MADE TO THE COURT BY MS DANSIE FOR THE APPLICANT AND THE RESPONDENT IN PERSON.
UPON NOTING:
A.Pursuant to section 65DA(2) and Section 62B 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 and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
THE COURT ORDERS THAT:
1.All previous orders be discharged save for orders 1 and 2 of the orders contained in the minute of orders expressed to have been made by consent on 16 December 2021.
2.The Mother have sole parental responsibility of the child X born in 2020 (“the child”).
3.The child live with the Mother.
4.The Respondent spend time with the child as agreed in writing between the parties.
5.The Respondent pay the Mother’s costs in the sum of $3,349, such sum to be paid to the Mother’s solicitor’s trust account within sixty (60) days of today’s date.
6.All extant applications are dismissed.
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.
IT IS NOTED that publication of this judgment…
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- AGLC
- Iwata & Otxoa (No 2) [2023] FedCFamC2F 744
- Case
- [2023] FedCFamC2F 744
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the mother should have sole parental responsibility, where the child should live, and the visitation arrangements with the father. The court also had to consider the father's refusal to engage with the parenting issues and the implications of this behaviour on the child's welfare. Given the father's lack of participation, the court needed to weigh the mother's application and the child's best interests.
Judge Parker concluded that the father's refusal to engage with the parenting issues indicated a lack of interest or commitment to participating in the child's life. As a result, the court granted the mother sole parental responsibility and ordered that the child live with her. The court also required the father to agree in writing on visitation arrangements. Additionally, the father was ordered to pay the mother's costs of $3,349 within 60 days. All other applications were dismissed. The court's decision was influenced by the father's failure to engage with the proceedings and the need to protect the child's welfare.
The final orders discharged all previous orders except for two made by consent on 16 December 2021. The mother was granted sole parental responsibility, and the child was to live with her. The father was to have agreed written visitation arrangements, and he was ordered to pay the mother's costs. All other applications were dismissed. The form of the order is subject to review for minor errors or variations.
Orders
Orders of the court
ADC 4450 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS IWATA
Applicant
AND:
MR OTXOA
Respondent
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
5 JUNE 2023
UPON APPLICATION MADE TO THE COURT BY MS DANSIE FOR THE APPLICANT AND THE RESPONDENT IN PERSON.
UPON NOTING:
A. Pursuant to section 65DA(2) and Section 62B 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 and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
THE COURT ORDERS THAT:
1. All previous orders be discharged save for orders 1 and 2 of the orders contained in the minute of orders expressed to have been made by consent on 16 December 2021.
2. The Mother have sole parental responsibility of the child X born in 2020 (“the child”).
3. The child live with the Mother.
4. The Respondent spend time with the child as agreed in writing between the parties.
5. The Respondent pay the Mother’s costs in the sum of $3,349, such sum to be paid to the Mother’s solicitor’s trust account within sixty (60) days of today’s date.
6. All extant applications are dismissed.
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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