JASKO & FAWNE

FEDERAL CIRCUIT COURT OF AUSTRALIA

JASKO & FAWNE

[2020] FCCA 990

Catchwords:
FAMILY LAW – Interim parenting – whether paternal grandparents are suitable supervisors when no other alternatives are currently available – where suitable undertakings can be required.

Legislation:

Family Law Act 1975 (Cth), ss.60B, 60CA, 60CC, 61DA, 65DAA, 69ZW

Cases cited:

Goode & Goode [2006] FamCA 1346
MRR v GR [2010] HCA 4

Applicant:

MS JASKO

Respondent:

MR FAWNE

File Number:

WOC 1271 of 2017

Judgment of:

Judge Altobelli

Hearing date:

1 April 2020

Date of Last Submission:

1 April 2020

Delivered at:

Wollongong

Delivered on:

7 May 2020

REPRESENTATION

Counsel for the Applicant:

Mr Alexander

Solicitors for the Applicant:

Bowral Legal

Counsel for the Respondent:

Ms Snelling

Solicitors for the Respondent:

JNT Legal Solicitors and Conveyancers

Counsel for the Independent Children's Lawyer:

Ms Humphreys

Solicitors for the Independent Children's Lawyer:

Melea Mullard Lawyers

INTERIM ORDERS

All previous Court Orders be discharged.
The children X born in 2009, Y born in 2010, and Z born in 2011 (“the children”), live with the Mother.
The children spend time with the Father as follows:
(a)Commencing from the second Sunday after the making of these Orders, from 10:00am until 2:00pm each alternate Sunday, with such time to be supervised by either the paternal grandmother, or the paternal grandfather, or another supervisor as agreed between the parents in writing;
(b)Commencing Sunday 4 October 2020, from 9:00am until 3:00pm each alternate Sunday, with such time to be supervised by either the paternal grandmother, or the paternal grandfather, or another supervisor as agreed between the parents in writing; and
(c)Commencing Saturday 3 April 2021, from 9:00am until 5:00pm each alternate Saturday or Sunday, with such time to be supervised by either the paternal grandmother, or the paternal grandfather, or another supervisor as agreed between the parents in writing.
(d)No time in accordance with these Orders will take place until the paternal grandparents or other agreed supervisor, have provided undertakings in the form required by the Independent Children’s Lawyer.
To facilitate Order 3(d) above, the Independent Children’s Lawyer forthwith prepare a suitable form of undertaking for the proposed supervisors.
For the purposes of these Orders, the Father and his supervisor are to collect the children from McDonalds Family Restaurant at Town A at the commencement of his time with the children, and they are to return the children to the McDonalds Family Restaurant at Town A at the conclusion of his time with the children, unless otherwise agreed between the parents in writing.
In the event the Father fails to attend two consecutive visits without an explanation that is acceptable to both the Mother and the Independent Children’s Lawyer, liberty is granted to the Independent Children’s Lawyer to re-list the matter on short notice by application to the Court in Chambers for consideration of whether the time should be suspended.
The parents will ensure that they keep each other informed as soon as it is reasonably practical of any medical emergency involving any of the children, whilst in either parent’s care.
Within 7 days of the date of these Orders, the Father is to contact Dr B for the purposes of re-engaging with him, and contact Ms C for the purposes of re-engaging with her, or if she is unavailable, another suitably qualified therapist as recommended by his treating medical practitioner and attend upon both Dr B and Ms C, as well as his treating medical practitioners, including but not limited to, his psychiatrist, his psychologist and General Practitioner at such frequency as recommended by those medical practitioners, and to comply with all recommendations and treatment plans as advised by them.
The Father continue to take all medications prescribed by his treating medical practitioners, in accordance with the dosage prescribed by them.
Within 7 days of the date of these Orders, the Mother is to contact D Counselling, and enrol the children in the program recommended by D Counselling for children from separated families, as recommended by Family Consultant Ms E, and ensure that the children attend such program/s as recommended by D Counselling for as long as they consider as necessary.
Within 7 days of the date of these Orders, the Mother is to contact D Counselling, and enrol in the program recommended by the Family Relationships Centre for her to support the children’s contact with their father, as recommended by Family Consultant Ms E and ensure that she attends such program/s as recommended by D Counselling for as long as they consider as necessary.
Leave be granted to the Independent Children’s Lawyer to provide a copy of the Family Report of Family Consultant Ms E to the medical and therapeutic professionals that the Mother, Father and the children engage with.
The Mother shall refrain from making critical or derogatory remarks about the Father or members of his family in the presence or within the hearing of the children and the Mother shall do all things reasonably necessary to remove the children from the presence of any person who does so.
The Father shall refrain from making critical or derogatory remarks about the Mother or members of her family in the presence or within the hearing of the children and the Father shall do all things reasonably necessary to remove the children from the presence of any person who does so.
Neither parent is to discuss the Court proceedings with the children, or within the presence or hearing of the children, and both parents shall do all things reasonably necessary to remove the children from the presence of any person who does so.
Neither parent is to show the children any Court documents filed in these proceedings, or allow any other person to do so.
Within 6 months of the making of these Orders, each parent shall enrol in and complete the Circle of Security parenting course.
The Father be restrained, by injunction, from attending upon the following places:
(a)The Mother’s residence;
(b)The Mother’s workplace; and
(c)Any school attended by the children, or any of them.
Liberty is granted to the Independent Children’s Lawyer to re-list the matter on 7 days’ notice by application to the Court in Chambers in appropriate circumstances.
The matter be stood over to the Callover on 6 November 2020 at 11:30am for the allocation of Final Hearing dates.

IT IS NOTED that publication of this judgment under the pseudonym Jasko & Fawne is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 1271 of 2017

MS JASKO

Applicant

And

MR FAWNE

Respondent

REASONS FOR JUDGMENT

Introduction

This case is about three children, X who is 10, Y who is 9 and Z who is 8. These Reasons for Judgment explain the Orders that the Court has made for the children to spend supervised time with their father.

Background

On 30 May 2018, the parents entered into consent Orders that provided for the three children to live with their mother, but to spend no time with their father pending further order. In addition a number of injunctions were made against the Father, together with a number of supplementary orders designed to address concerns about the Fathers’ mental health.
This matter was listed for Final Hearing before the Court on 1, 2, and 3 April 2020. The Hearing was vacated by the Court with only feint opposition from the parents. The COVID-19 pandemic was having an impact on society as a whole, let alone the present litigation. As will be seen, the Family Report prepared by Family Consultant Ms E dated 24 February 2020 contained a number of recommendations. There was some uncertainty amongst the parties and their legal representatives about the efficacy of a Hearing via videoconference when factual issues were in dispute, and credit findings were important.
The Court had foreshadowed the possibility of an Interim Hearing in this case, given the recent release of the Family Report and whether or not an adjournment was granted due to the pandemic. In the end result, the Court concluded that an adjournment was in the best interests of the children, and that the Court would consider an interim application having regard to the Family Report. The Interim Hearing was heard on 1 April 2020. These Reasons for Judgment set out the Orders the Court makes, and the reasons for the same. This matter is listed into the callover list on 6 November 2020 for allocation of hearing dates, hopefully, in early 2021.
The Mother is the Applicant in this case. She describes herself as an administration assistant. She lives with the children in the Region F Region of New South Wales. She is 35 years old.
The Father is the Respondent in the proceedings. He also lives in the Region F Region of New South Wales. He describes himself as a labourer and is 41 years old. As well as the children to his relationship with the Mother in this case, the Father has another daughter, G who is 16 years old. It seems to be the case that G currently lives with her mother, and spend times with the Father and the paternal grandparents from time to time. G has previously lived with the Father and before separation, with the Father and Mother in this case. The Father lives on the same property as the paternal grandparents.
It seems as if the parents met in 2002 and commenced a relationship in 2005. Cohabitation probably commenced in 2007. The parents probably separated in 2016. Nothing turns on any of these dates.
On any account of the relationship given by the parents themselves, and certainly by reference to the plentiful subpoenaed documents that were tendered in evidence, it is clear that the parental relationship both before and after separation was tumultuous. Even on the Father’s own evidence, he suffered with mental health issues, including post-traumatic stress disorder and anxiety. The more objective evidence before the Court suggests that he struggled with his mental health in other ways, including abuse of prescription and narcotic substances. There were attempts at self-harm. There were mental health admissions at hospitals. The Father suffered depression at times. He consumed alcohol to excess, and this often resulted in a conflict, including violent conflict, with the Mother and others. The Father was no stranger to involvement with the police, and the Courts. There were several separations before the final one in 2016. The Father was engaged with a number of mental health professionals.
The Father’s relationship with the Mother was a violent one. He makes admissions about this, to a certain extent, in his own evidence. When the Mother’s evidence is cross-referenced to the objective material produced on subpoena, there can be no doubt that it was a violent relationship. There was an apprehended violence order which the Father breached, and in respect of which he was charged and convicted. He spent time in jail as a result of this.
The relationship between the Father and his daughter G was also problematic. She experienced her own mental health issues. From the Father’s perspective, the challenges in raising G in a blended household with the Mother probably contributed to the breakdown of that relationship.
By the time of the Interim Hearing on 1 April 2020, the Father had not spent time with X, Y and Z since November 2016.

The competing proposals

The Mother’s proposal was that, pending a Final Hearing, she should have sole parental responsibility, the children live with her, but spend no time with the Father. In the alternative, she proposed that the Father spend time with the children at a professional supervised contact centre for 2 hours not more than six times each year. In short, the Mothers’ case was based on the family violence that she had experienced, and which the children had witnessed. Her case that the risk of harm to the children from the Father was so great, that the best outcome, even on an interim basis, was therefore for there to be continuation of the no-spends-time-with arrangement.
Her case was predicated on the risk to the children from the Father, being the family violence he perpetrated, concerns about his mental health, concerns about his parenting capacity particularly as regards his daughter G, and possible ongoing drug and alcohol issues. Her case, shortly stated, was that there was no benefit to the children of having a meaningful relationship with their father, and that even supervised and limited frequency contact was of questionable benefit to them due to the pervasive risk of harm issues.
By the time of the Interim Hearing, the Father had adopted the Independent Children’s Lawyer’s proposal which involved the children living with their mother, but spending supervised time with their father. The time would be supervised by one of the paternal grandparents, or another agreed supervisor. It would start with 4 hours each alternate Sunday, and then progress to 8 hours each alternate Sunday, and then to 8 hours each alternate Saturday and Sunday, but always supervised.
The Father and Independent Children’s case was, briefly stated, that the Family Report would reassure the Court about the risk of harm issues alleged against the Father, the nature of his relationship with the children, and the appropriateness of the paternal grandparents as supervisors.
Whilst the Court accepts that the Father’s proposal was, at the Interim Hearing, brought into alignment with that of the Independent Children’s Lawyer, the Father’s proposal going into the Hearing needs to be noted. His proposal was for the children’s time to be supervised by the paternal grandparents, each alternate Sunday and on special occasions. The basis of his case, however, was significantly different to that of the Independent Children’s Lawyer. This is most easily gleaned by comparing the case outline documents filed on behalf of the Father and the Independent Children’s Lawyer. The Father’s case was that the Mother had been deliberately withholding the children from him and had made allegations of risk of harm as a tactic designed to ensure that the children have no relationship with their father. Indeed, at one point in the case outline his case is put on the basis that the “apparent reason” for the Father not spending time with the children for over three years is the allegations made by the Mother about family violence, stalking, and the Father’s inappropriate discipline of his older daughter. At page 9 of the case outline, for example, the Father contends:
This is a case where the children have not been given the opportunity to have a meaningful relationship with their father after their parents’ separation, due to the mother’s determination that they should not have such a relationship.
The mother has avoided and taken active steps to ensure that the father was not able to spend time with, or communicate with the children.
With respect to the Father, and those advising him, these are extraordinary contentions to make in the face of the evidence before the Court, but specifically, the Family Report, as well as the documents tendered into evidence. The contention is rendered even more extraordinary by reference to later references in the same case outline in which, for example, the Father acknowledges the “…tumultuous times in the parties’ household when they were attempting to deal with G’s behaviour.” And the fact that the “…Father also suffered significant mental health issues, before during and post-separation, including serious injury and ongoing post-traumatic stress disorder.” The Father goes on to contend in his case outline that the Mother’s case that he should have supervised time at a contact centre was, “…unreasonable and unnecessary given the lack of evidence, there is an unacceptable risk to the children in their Father’s care.” Again, with respect to the Father and those representing him, this contention stands starkly at odds with his own concession that his time with the children needs to be supervised, albeit by his own parents. It later emerges that the need for supervision was for the Father and children to be “reacquainted” and some “consistent time” to be established. Moreover, the case outline prepared by an experienced family law Counsel contended that the Mother had alienated the children against the Father, notwithstanding the clear evidence refuting this in the Family Report.
This dramatic change in direction in the Father’s case does not go unnoticed by the Court. His Counsel’s contention that the Father’s proposal aligning with the Independent Children’s Lawyer’s orders was evidence that the Father had “developed insight” is a tenuous submission. With respect, it is far from clear to the Court that the Father has developed insight. What might have happened is that the Father has listened to wise counsel from those advising him. Again, with respect, the Father’s case strategy needs to be seriously considered before the Final Hearing, because it is far from clear to the Court whether he accepts what the independent documents seem to indicate about issues such as his mental health and family violence.
Nonetheless, the important concessions made on the Father’s behalf need to be acknowledged., because these concessions limit the issues in dispute in this case. For example, his Counsel quite properly conceded that the Father accepts serious past mental health issues, but the emphasis in the Father’s case was that these mental health issues were past, and had, at least inferentially, been resolved. The Father’s case conceded the tumultuous relationship between the parents, exacerbated by the mental health issues of both the Father and G. Nonetheless, the fact was that the Father had been in a steady job for some time and claimed to be compliant with his medication regime. He contended that the Family Report demonstrated the children continue to have a good relationship with him despite the lengthy absence in their lives of their father. Some of his more recent very public actions in placing posters about the proceedings and the children were described to be “ill-considered”, but a reflection of his desperation to resume his relationship with the children.
Despite the large quantity of evidence that was tendered, or otherwise relied on by the parties in their Affidavits, the issues in this case are quite narrow. Even the Mother concedes, as an alternative proposal, that the Father have supervised time with the children. Having regard to the recommendations made by the Family Consultant in the Family Report (which will be discussed below) this was a very sensible alternative proposal to advance. The issue for the Court is whether such supervision should take place by a professional service such as a supervised contact centre, or should be provided by the paternal grandparents. The present reality, acknowledged by all parties at the Interim Hearing, is that the current COVID-19 pandemic means that the parents are highly unlikely to gain timely access either to a supervised contact centre or to an alternative professional service. For all practical purposes, from the Court’s perspective, this meant that, at least for the time being, the question was whether X, Y, and Z have no time with their father, or that their time with their father be supervised by the paternal grandparents, or one of them, or another agreed supervisor.

The Evidence

In the Applicant’s case she relied on the following documents:
a)Amended Initiating Application filed on 20 March 2020;
b)Affidavit of Ms Jasko sworn on 18 March 2020 and filed on 20 March 2020;
c)Notice of Risk filed on 11 December 2017; and
d)Amended case outline document filed on 31 March 2020.

In the Respondent’s case he relied on the following documents:
a)Amended Response filed on 27 March 2020;
b)Affidavit of Mr Fawne affirmed on 19 March 2020 and filed on 23 March 2020;
c)Affidavit of Ms H affirmed on 18 March 2020 and filed on 23 March 2020;
d)Affidavit of Ms J affirmed on 18 March 2020 and filed on 23 March 2020;
e)Notice of Risk filed on 15 March 2018; and
f)Case outline document received on 30 March 2020.
The Independent Children’s Lawyer relied on her case outline document filed on 31 March 2020.
The following material was tendered as evidence during the course of the proceedings:
a)Family Report by Family Consultant Ms E dated 24 February 2020;
b)Tender bundle prepared by the Independent Children’s Lawyer;
c)Documents produced pursuant to subpoena on Dr B;
d)Documents produced pursuant to subpoena on Region K Local Health District – Town L;
e)Documents produced pursuant to subpoena on Town A Public School; and
f)Documents produced pursuant to subpoena on Corrective Services.
A chronology was prepared on behalf of the Mother which is incorporated in the First Schedule to these Reasons for Judgment. This is a useful document in that it summarised the Mother’s evidence, but very helpfully also summarises the documents produced on subpoena, which are identified in the footnotes to the chronology.

The applicable law

The applicable law is found in Part VII of the Family Law Act 1975 (Cth) (hereafter referred to as ‘the Act’). In determining parenting matters under Part VII of the Act the Court must regard the best interests of the child as the paramount consideration: s.60CA.
The objects and principles of Part VII are set out at s.60B:
60B Objects of Part and principles underlying it
(1) The objects of this Part are to ensure that the best interests of children are met by:
(a)    ensuring that children have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum extent consistent with the best interests of the child; and
(b)    protecting children from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence; and
(c)    ensuring that children receive adequate and proper parenting to help them achieve their full potential; and
(d)    ensuring that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
(2) The principles underlying these objects are that (except when it is or would be contrary to a child’s best interests):
(a)    children have the right to know and be cared for by both their parents, regardless of whether their parents are married, separated, have never married or have never lived together; and
(b)    children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives); and
(c)    parents jointly share duties and responsibilities concerning the care, welfare and development of their children; and
(d)    parents should agree about the future parenting of their children; and
(e)    children have a right to enjoy their culture (including the right to enjoy that culture with other people who share that culture).
(3)    For the purposes of subparagraph (2)(e), an Aboriginal child’s or Torres Strait Islander child’s right to enjoy his or her Aboriginal or Torres Strait Islander culture includes the right:
(a)    to maintain a connection with that culture; and
(b)    to have the support, opportunity and encouragement necessary:
(i) to explore the full extent of that culture, consistent with the child’s age and developmental level and the child’s views; and
(ii)    to develop a positive appreciation of that culture.
At the very core of Part VII of the Act is the creation of a presumption of equal shared parental responsibility in s.61DA. Section 61DA provides:
61DA Presumption of equal shared parental responsibility when making parenting orders
(1) When making a parenting order in relation to a child, the court must apply a presumption that it is in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child.
(2) The presumption does not apply if there are reasonable grounds to believe that a parent of the child (or a person who lives with a parent of the child) has engaged in:
(a) abuse of the child or another child who, at the time, was a member of the parent’s family (or that other person’s family); or
(b) family violence.
(3) When the court is making an interim order, the presumption applies unless the court considers that it would not be appropriate in the circumstances for the presumption to be applied when making that order.
(4) The presumption may be rebutted by evidence that satisfies the court that it would not be in the best interests of the child for the child’s parents to have equal shared parental responsibility for the child.
If the presumption applies, the Court is required to consider certain things:
65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances
Equal time
(1) If a parenting order provides (or is to provide) that a child’s parents are to have equal shared parental responsibility for the child, the court must:
(a)    consider whether the child spending equal time with each of the parents would be in the best interests of the child; and
(b)    consider whether the child spending equal time with each of the parents is reasonably practicable; and
(c)     if it is, consider making an order to provide (or including a provision in the order) for the child to spend equal time with each of the parents.
Substantial and significant time
(2) If:
(a)    a parenting order provides (or is to provide) that a child’s parents are to have equal shared parental responsibility for the child; and
(b)    the court does not make an order (or include a provision in the order) for the child to spend equal time with each of the parents; and
the court must:
(c)     consider whether the child spending substantial and significant time with each of the parents would be in the best interests of the child; and
(d)    consider whether the child spending substantial and significant time with each of the parents is reasonably practicable; and
(e)     if it is, consider making an order to provide (or including a provision in the order) for the child to spend substantial and significant time with each of the parents.
(3) will be taken to spend substantial and significant time with a parent only if:
(a)    the time the child spends with the parent includes both:
(i) days that fall on weekends and holidays; and
(ii)    days that do not fall on weekends or holidays; and
(b)    the time the child spends with the parent allows the parent to be involved in:
(i) the child’s daily routine; and
(ii)    occasions and events that are of particular significance to the child; and
(c)     the time the child spends with the parent allows the child to be involved in occasions and events that are of special significance to the parent.
(4) Subsection (3) does not limit the other matters to which a court can have regard in determining whether the time a child spends with a parent would be substantial and significant.
Reasonable practicality
(5) In determining for the purposes of subsections (1) and (2) whether it is reasonably practicable for a child to spend equal time, or substantial and significant time, with each of the child’s parents, the court must have regard to:
(a)    how far apart the parents live from each other; and
(b)    the parents’ current and future capacity to implement an arrangement for the child spending equal time, or substantial and significant time, with each of the parents; and
(c)     the parents’ current and future capacity to communicate with each other and resolve difficulties that might arise in implementing an arrangement of that kind; and
(d)    the impact that an arrangement of that kind would have on the child; and
(e)     such other matters as the court considers relevant.
Because s.65DAA refers to the best interests of the child the Court must then go back to consider s.60CC which specifies how the Court must determine what is in a child’s best interests.
Determining child's best interests
(1) Subject to subsection (5), in determining what is in the child's best interests, the court must consider the matters set out in subsections (2) and (3).
Primary considerations
(2) The primary considerations are:
(a) the benefit to the child of having a meaningful relationship with both of the child's parents; and
(b) the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
Note: Making these considerations the primary ones is consistent with the objects of this Part set out in paragraphs 60B(1)(a) and (b).
(2A) In applying the considerations set out in subsection (2), the court is to give greater weight to the consideration set out in paragraph (2)(b).
Additional considerations
(3) Additional considerations are:
(a) any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views;
(b) the nature of the relationship of the child with:
(i) each of the child's parents; and
(ii) other persons (including any grandparent or other relative of the child);
(c) the extent to which each of the child's parents has taken, or failed to take, the opportunity:
(i) to participate in making decisions about major long-term issues in relation to the child; and
(ii) to spend time with the child; and
(iii) to communicate with the child;
(ca) the extent to which each of the child's parents has fulfilled, or failed to fulfil, the parent's obligations to maintain the child;
(d) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:
(i) either of his or her parents; or
(ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;
(e) the practical difficulty and expense of a child spending time with and communicating with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;
(f) the capacity of:
(i) each of the child's parents; and
(ii) any other person (including any grandparent or other relative of the child);
to provide for the needs of the child, including emotional and intellectual needs;
(g) the maturity, sex, lifestyle and background (including lifestyle, culture and traditions) of the child and of either of the child's parents, and any other characteristics of the child that the court thinks are relevant;
(h) if the child is an Aboriginal child or a Torres Strait Islander child:
(i) the child's right to enjoy his or her Aboriginal or Torres Strait Islander culture (including the right to enjoy that culture with other people who share that culture); and
(ii) the likely impact any proposed parenting order under this Part will have on that right;
(i) the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;
(j) any family violence involving the child or a member of the child's family;
(k) if a family violence order applies, or has applied, to the child or a member of the child's family--any relevant inferences that can be drawn from the order, taking into account the following:
(i) the nature of the order;
(ii) the circumstances in which the order was made;
(iii) any evidence admitted in proceedings for the order;
(iv) any findings made by the court in, or in proceedings for, the order;
(v) any other relevant matter;
(l) whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;
(m) any other fact or circumstance that the court thinks is relevant.

The Case Law

In MRR v GR [2010] HCA 4, the High Court referred to s.65DAA(1) and said
9. Each of sub-ss (1)(b) and (2)(d) of s 65DAA require the Court to consider whether it is reasonably practicable for the child to spend equal time or substantial and significant time with each of the parents. It is clearly intended that the Court determine that question. Sub-section (5) provides in that respect that the Court "must have regard" to certain matters, such as how far apart the parents live from each other and their capacity to implement the arrangement in question, and "such other matters as the court considers relevant", "[i]n determining for the purposes of subsections (1) and (2) whether it is reasonably practicable for a child to spend equal time, or substantial and significant time, with each of the child's parents".
A little later in the judgment the High Court said:
13. Section 65DAA(1) is expressed in imperative terms. It obliges the Court to consider both the question whether it is in the best interests of the child to spend equal time with each of the parents (par (a)) and the question whether it is reasonably practicable that the child spend equal time with each of them (par (b)). It is only where both questions are answered in the affirmative that consideration may be given, under par (c), to the making of an order.
At [15] the High Court emphasised the need for a practical approach:
15. Section 65DAA(1) is concerned with the reality of the situation of the parents and the child, not whether it is desirable that there be equal time spent by the child with each parent. The presumption in s 61DA(1) is not determinative of the questions arising under s 65DAA(1). Section 65DAA(1)(b) requires a practical assessment of whether equal time parenting is feasible.
The Full Court’s decision in Goode & Goode [2006] FamCA 1346 provides some guidance about the interpretation of Part VII and the way to proceed in interim hearings.
68. In our view some of the comments of the Full Court in paragraph 18 are still apposite. For example, the procedure for making interim parenting orders will continue to be an abridged process where the scope of the enquiry is “significantly curtailed”. Where the Court cannot make findings of fact it should not be drawn into issues of fact or matters relating to the merits of the substantive case where findings are not possible. The Court also looks to the less contentious matters, such as the agreed facts and issues not in dispute and would have regard to the care arrangements prior to separation, the current circumstances of the parties and their children, and the parties’ respective proposals for the future.
…
72. In our view, it can be fairly said there is a legislative intent evinced in favour of substantial involvement of both parents in their children’s lives, both as to parental responsibility and as to time spent with children, subject to the need to protect children from harm, from abuse and family violence and provided it is in their best interests and reasonably practicable. This means where there is a status quo or well settled environment, instead of simply preserving it, unless there are protective or other significant best interests concerns for the child, the Court must follow the structure of the Act and consider accepting, where applicable, equal or significant involvement by both parents in the care arrangements for the child.
…
82. In an interim case that would involve the following:
(a) identifying the competing proposals of the parties;
(b) identifying the issues in dispute in the interim hearing;
(c) identifying any agreed or uncontested relevant facts;
(d) considering the matters in s 60CC that are relevant and, if possible, making findings about them (in interim proceedings there may be little uncontested evidence to enable more than a limited consideration of these matters to take place);
(e) deciding whether the presumption in s 61DA that equal shared parental responsibility is in the best interests of the child applies or does not apply because there are reasonable grounds to believe there has been abuse of the child or family violence or, in an interim matter, the Court does not consider it appropriate to apply the presumption;
(f) if the presumption does apply, deciding whether it is rebutted because application of it would not be in the child’s best interests;
(g) if the presumption applies and is not rebutted, considering making an order that the child spend equal time with the parents unless it is contrary to the child’s best interests as a result of consideration of one or more of the matters in s 60CC, or impracticable;
(h) if equal time is found not to be in the child’s best interests, considering making an order that the child spend substantial and significant time as defined in s 65DAA(3) with the parents, unless contrary to the child’s best interests as a result of consideration of one or more of the matters in s 60CC, or impracticable;
(i) if neither equal time nor substantial and significant time is considered to be in the best interests of the child, then making such orders in the discretion of the Court that are in the best interests of the child, as a result of consideration of one or more of the matters in s 60CC;
(j) if the presumption is not applied or is rebutted, then making such order as is in the best interests of the child, as a result of consideration of one or more of the matters in s 60CC; and
(k) even then the Court may need to consider equal time or substantial and significant time, especially if one of the parties has sought it or, even if neither has sought it, if the Court considers after affording procedural fairness to the parties it to be in the best interests of the child.

The Family Report

Family consultant Ms E prepared a Family Report dated 24 February 2020. Whilst it is true to say that her evidence has not been tested in cross-examination, at an Interim Hearing her evidence remains the most relevant, independent, and expert evidence before the Court. Ms E had available to her all the documents filed by the parties as at the time she conducted her interviews in January 2020. For all practical purposes, therefore, the Family Consultant had everything but the trial Affidavits filed by the parties. In addition, she had access to subpoenaed records from the Department of Family and Community Services, New South Wales Police, the Department of Justice, and the Region K Local Area Health District. All of those documents came into evidence as exhibits. Indeed, the only documents that the Court received that Ms E did not have available to her, were the documents produced by Town A Public School. Ms E met with the Mother, the children, the Father, the paternal grandmother, and Ms H, the Father’s partner.
The Mother explained to her that she works four days weekly, with her hours varying but usually between 8:00pm and 4:00pm. The Mother reported that X suffered from Autism Spectrum Disorder and Attention Deficit Hyperactive Disorder. The Father explained that he lives in a caravan at the rear of his parents’ home. The Father described himself as a self-employed labourer, usually working seven days each week with his travel being both intra and interstate.
Ms E correctly noted that there is a current apprehended violence order in place protecting the Mother and the children from the Father. This AVO expires later this year, unless it is once again renewed.
In seeking to understand the proposals of the parties, and bearing in mind the recency of the report interviews, the Mother’s ambivalence about the children having any contact with their father was noted. The Father’s initial proposal was for a significant period of time but ultimately, he accepted that if the Mother proposed that his time be supervised, he would be happy to have this done either by his parents, or alternatively at a supervision centre.

The Family Consultant was well aware of the family violence and abuse allegations and noted the objective facts of a current AVO, of the Father breaching the same, and having been incarcerated for a number of weeks in relation to this in 2017. She noted that whilst the Father denied the Mother’s allegations of stalking, he did admit to putting up posters in the local area containing negative comments about the Mother and naming the children. She noted, moreover, that both parents acknowledged that the children were exposed to their arguments. The Mother had serious concerns about the care of the children by their father, but the Father had no concerns about the Mother’s care of the children.
A significant issue was the Father’s mental health. He confirmed that he continues to suffer from post-traumatic stress disorder, anxiety, and depression, but believes that his condition is currently stable, and that he is medication compliant. He explained that he currently does not see his treating psychiatrist but is monitored by his local medical centre. The Mother explained that she continues to suffer from depression, which is monitored by her local medical centre.
The Family Consultant described the Mother as a caring and protective person who, despite her ambivalence regarding the children spending time with the Father, has in the past and continues to acknowledge that the children love and miss their father. At paragraphs 34 and 35 of the Family Report, the Family Consultant states:
[34] It is unclear as to what level of support Ms Jasko might provide for the children, should the Court order that they have contact with their father. It seems, from the comments she made, that Ms Jasko might have some ability to support the children spending time with their father, if such time occurs at a supervision centre, but she might struggle, at this stage, to support any unsupervised time.
[35] During her interview on 21 January 2020, Ms Jasko said that she accepts that all the children want to spend time with their father. When she was provided with feedback from the observation of the children with their father and paternal family, Ms Jasko said that she was “not really surprised” about the children’s responses to their father during the observation nor the children’s comments during their final joint interview. Ms Jasko reiterated that, should the Court order that the children spend time with their father, she will be concerned in relation to Mr Fawne’s consistency and also the possibly that he might physically abuse the children. She also expressed concern about the father’s current mental health status, reiterating that he has for a number of years been emotionally vulnerable and said that she wants to protect the children from this vulnerability. Ms Jasko presented as calm and reasonably accepting of the possibility that the Court might make an Order for the children to have contact with their father.
The Court observes that there is nothing in the evidence, nor was any submission made by any party including on behalf of the Mother, that would cause the Court to do anything but accept the Family Consultant’s appraisal at paragraphs 34 and 35 in the Report. The Mother presented not only as genuine in her concerns, but having an objective basis for the same, albeit on the untested evidence. The Court accepts that the Mother would struggle to accept unsupervised time. The Court accepts that the Mother’s preference is for the children to spend time with their father at a supervised contact centre. The Court accepts that the Mother has some concerns about the paternal grandparents as supervisors, for reasons that will be mentioned below. The Court does not accept, however, that the Mother could not cope with the children’s time being supervised by the paternal grandparents.
The Father’s presentation during the family report interviews was described at paragraph 37 as being “flat with an overwhelming sense of sadness.” The Father’s experience in his life was of having been alienated from his father, and his concern was that the same was happening with his children. This is clearly an emotional burden for the Father. The Court genuinely hopes that the Father will be able to discern from the Family Report, especially the record of his interactions with the children and what they said to the Family Consultant, that there is no reasonable basis for him apprehending that his children are being alienated against him.
At paragraph 39 of the Report, the Family Consultant discusses the posters incident:
According to Mr Fawne, he believed that putting up posters, with negative comments about Ms Jasko and putting the children’s first names on the posters, was positive. In response to asking what this might mean for the children, Mr Fawne said that the children would understand that, even though he was not spending time with them, he was thinking of them. He again linked this back to his lack of contact with his own father, and asserted that he would have liked his father to have done something similar so that he knew that he was missed. After further discussion, Mr Fawne seemed to have some, albeit limited, insight into the inappropriateness of the posters and the possible negative impact they might have on the children.
The Family Consultant, of course, met with the children. Whilst X initially presented as subdued, the Family Consultant noted that when exploring his views and feelings about his father, X recalled enjoying going to the park with his father and siblings saying “it was fun”. He said that he would like to see his father again. Y presented as quiet but confident. Her last memory of her father was being in a park with her father and having “good fun”. She too said that she would like to spend time with her father. Z presented as confident and articulate, and the Family Consultant’s impression of him was that he missed his father and also thinks about the fun they had in the past.
At paragraph 84 the Family Consultant reports:
Prior to their observation with their father X and Z each said they were “a bit nervous” about the observation with their father, while Y said that she was “excited”. When interviewed following the observation, X and Y both reported to feeling “happy” to have spent some time with their father, while Z said that he was still feeling “nervous, but happy”. X and Z each commented on what, for them, was their father’s changed appearance, “a beard and more tatts”. All the children reiterated comments made during their individual interviews about wanting to be able to spend time with their father, with Z suggesting that he would like his mother to be with them, “As she has not seen him in a long time”. The children agreed that they would be happy to spend time just with their father and G without having any other adults present. They presented as relaxed, but there were perplexed about not being able to be told when they might next spend time with their father. The Court process and the role of the ICL was explained, briefly, as was the decision making process.
The observations of the interactions between the parents and the children are set out at paragraphs 85 – 92:
[85] The children were initially observed with their father, before the group was joined by the paternal grandmother and G.
[86] When the children entered the observation room, Mr Fawne was kneeling on the floor and thus at eye level with the children when they sat down. The writer told Mr Fawne what each child had said about seeing him. Mr Fawne informed the children that he was “also nervous and excited”. They commenced a game of Junga, with X identifying that that there were two different sets. There was then an agreement that they would try to incorporate both sets into the one tower. They continued the game amid much laugher and talk about which pieces to remove and which to leave. The group seemed to relax very quickly, with mutual direct eye contact between the children and their father. X volunteered information to his father about his role as a helper in the school library. Mr Fawne’s responses were appropriate, including jokingly asking X if he was paid. The children and their father then spoke about what books they were reading and the types they most enjoyed, with Mr Fawne recalling his favourite books when in primary school. There was a natural flow to their conversation. Mr Fawne was able to tell each child which class he believed they were each in and there was a discussion about each child’s favourite teacher, with them then talking about what instruments X plays. X and Z recounted a story about Z leaving a keyboard out in the rain and there was much laughter when Z confidently asserted that, despite this, “It still works”.
[87] After some 20 minutes, the group was joined by Ms J and G. The children excitedly greeted G and, somewhat more tentatively Ms J, who explained to them why their paternal grandfather had not been able to attend. The group appeared relaxed with each other, and Mr Fawne, Ms J and G asked appropriate questions, such as what the child had been doing during the holidays. There was a long discussion about past and recent visits to M (in the ACT) as well as sporting and musical activities which the children are, or have been, involved in.
[88] Mr Fawne spoke with the children about the “security toy/blanket” they had each had and linked this to a story about his dog (which the family had had prior to the separation). The narrative involved Mr Fawne recalling for the children the reasons they each used this item and what it had looked like. He told the children that he thought that this item helped them feel secure and go to sleep. He said that his dog is troubled by storms and he had wondered if the same type of item might assist the dog, The children showed great interest in their father’s memory of their security toy/blanket and equal interest in how he assisted the dog to overcome his fears of storms. The children each asked different questions about how the dog used this item.
[89] G was interested in the names of the children’s teachers, having apparently attended the same school some years ago. She spoke about hoping that she could teach the children to ride a horse in the future, and easily picked up on her father’s subtle indication to perhaps not go further with this [Mr Fawne’s partner has horses and, at this stage, the children do not know about their father being in a new relationship or moving to Town N]. G quickly moved onto talking to the children about how their father had taught her to drive. G was interested in the children’s friends and recalled that she had been friends with the older brother of one of Y’s friends. There was some discussion about this family and where they live, before the discussion moved to the latest “Doctor Who” series.
[90] At the end of the observation, Ms J asked if she could take photographs of the children with their father, G and her. Ms Jasko gave permission for this to occur “provided the photographs are not posted to any social media”. Ms J assured the writer that she would provide prints to the father and G only. There was much giggling around the taking of photographs, with the children asking if they could also have copies. The writer advised them that she would ask Ms Jasko and suggested that the ICL might be the person to forward copies to the children. There were affectionate farewells and group hugs prior to Mr Fawne, Ms J and G leaving.
[91] X’s affect during the observation with his father and paternal family was animated when compared with the subdued affect throughout his individual interview.
[92] The children were observed with their mother briefly, with X declining to take join in playing Junga, although he remained at the table with the group. X’s affect was again subdued, and he presented as somewhat physically exhausted. The children seemed relaxed with their mother, who was accepting of X not joining in the game. It was noted that Ms Jasko did not ask the children any questions about having seen their father. However, neither did the children provide their mother with any information, but rather focussed on the game.
At paragraphs 93 to 100, the Family Consultant summarises what she described as the collateral information, primarily sourced through the documents produced under section 69ZW, as well as on subpoena. It is clear that she was well aware of the family violence allegations in this case, of the mental health challenges experienced by G, of the Father’s involvement with Police, including in relation to family violence and mental health.
The evaluation commences at paragraph 101. The Family Consultant observed that even though the children have not had any time with their father since May 2016, they continue to retain positive memories of the Father, and each had a strong yearning for their parents to reconcile. At paragraph 101, the Family Consultant notes:
It would seem that the relationship between the children and their father during the parental relationship was likely to have been a positive one. This is further supported by each child speaking about the positive memories of being with their Father and also with both their parents.
The Family Consultant was quite clear in her statement that despite the Father’s belief that the Mother had alienated the children from him, there was no evidence of this having occurred.
At paragraph 102 the Family Consultant observed that each Child understood, for reasons they did not quite comprehend, that their mother does not support them spending time with their father, but nonetheless each felt free to be able to express the wish to do so. Ms E noted:
This would indicate that the children have a positive relationship with their Mother and are sufficiently confident in this relationship to know that they can express views and wishes which are contrary to those of their Mother. Thus Ms Jasko, despite her concerns about the Father, has seemingly been able to shield the children from being impacted by her negative views of their Father and her concerns for the consequences for the children should they spend time with their Father.
At paragraph 103 the Family Consultant states:
Given the history provided by Ms Jasko, and the information in the subpoenaed material her concerns about the children spending time, particularly unsupervised time with their father, is perhaps justified with evidence of his inability to contain his emotions and behaviour. Despite this, however, it seems likely that Ms Jasko has the capacity to provide some support for the children spending time with their father. Based on the children’s positive views of their father, and their relationship with their mother, coupled with the children’s understanding that their mother does not support them spending time with their father, it seems likely that, if Mr Fawne is not consistent in spending time with the children, Ms Jasko will be able to support the children emotionally in coming to terms with this. What cannot be commented on, however, is how Ms Jasko might respond to the children’s time with their father being unsupervised and moving to overnight. Perhaps her concerns might change if Mr Fawne is consistent in spending time with the children and the children are perceived by her to enjoy and benefit from spending time with their father. However even if this were to occur, Ms Jasko might still benefit from professional assistance should the children’s time with their father move to being unsupervised and include overnight.
This is an important piece of evidence. It is important that if the Father has time with the children, that he be consistent. In this case, it means that it is critical for the children’s ongoing relationship with the Father that he prioritises time with them, and not his work. The Mother’s greatest concern appeared to be unsupervised time, and progression overnight, but none of the proposals before the Court suggest this.
Paragraph 104 is another important piece of evidence:
In the circumstances it would seem that, based on the interviews and observations as well as a reading of the subpoenaed material, Mr Fawne’s acceptance that his time with the children, should it occur, will need to be supervised is an appropriate response, indicating that he understands that the children will need to adjust. However, prior to considering supervised time, the Court would need to be satisfied, based on the evidence, that the children would not be at any risk of harm, or of having their current emotional security destabilised. This latter aspect is problematic due to Mr Fawne’s seemingly long history of suicidal ideation, his on-going posttraumatic stress disorder and the uncertainty of his future relationship with Ms H. It is assessed, based on Mr Fawne’s presentation and strong focus on his own experience of not having contact with his own father, that Mr Fawne continues to exhibit some emotional vulnerability. His emotional vulnerability is likely to easily lead to him misconstruing any negative views or attitudes expressed by any of the children as being a rejection of him. X is on the cusp of moving into adolescence, Y towards the end of middle childhood and Z moving into middle childhood. Each of the children thus has different needs. They are each assessed as continuing to struggle with the reality of their parents being separated and might benefit from attending a group for children from separated families.
The Court needs to be satisfied that there is no risk of harm to the children, or any risk of having their current emotional security with their mother being destabilised, as a result of the children spending even supervised contact with their father. On the totality of the evidence before the Court, the Court agrees with the Family Consultant’s stated concern that the Father continues to exhibit some emotional vulnerability.
Paragraph 105 is also important:
Mr Fawne’s affect and interactions with the children was appropriate during the observation, and it might be that, without some professional assistance, so that he is better able to understand each child’s development stage and likely emotional needs, he could struggle with his own emotional responses to the children. It is not the role of children to support a parent emotionally. It is the role of a parent, however, to ensure that children are not exposed to their emotional difficulties. Information contained in the subpoenaed material indicates that Mr Fawne has had to deal with significant emotional issues over a number of years in relation to losses and also in relation to G. While Ms Jasko believes that Mr Fawne was abusive of G, it was noted during the observations there seems to be a positive bond between G and her father. Given that the children have maintained positive memories of their father and each wish to spend time with him, it is likely that, should the father experience any emotional setback or be struggling with dealing with any other issues in his life, Ms Jasko will need to provide additional emotional support for the children. This would be the case also if, for any reason, Mr Fawne feels that it would be best for him not to spend time with the children for periods, or if he is not consistent in spending time with them. This latter aspect is one of Ms Jasko’s concerns, that is, she will be responsible for providing the children with emotional support, as a consequence of the father’s issues. In this case it would be likely that Ms Jasko and the children would benefit from professional support. However, it is also important that Mr Fawne recognise stressors in his life and seek assistance, as he has in the past. It will be important for the children that their father be sufficiently confident of Ms Jasko’s support for the children spending time with him, that he be able to advise her of times when, due to his own emotional vulnerabilities he is able to advise her that he will not be spending time with the children for a period.

The Court notes that is important for everyone in this case to be properly and professionally supported. The Independent Children’s Lawyer’s proposal reflects this.
Ms E’s recommendations are found at paragraphs 109 – 113:
[109] It is recommended that the mother have sole parental responsibility for the children.
[110] It is recommended that the children continue to live with their mother.
[111] It is recommended that, the children commence spending supervised time with their father at CatholicCare. Alternatively, it is suggested that the Court consider the children’s time with their father being supervised by one of the paternal grandparents. Such supervised time ought to occur, if not at CatholicCare, then fortnightly for four hours supervised by one of the paternal grandparents. If the father’s time with the children is consistent, over a period, then the next stage ought to be for a whole day (9 am to 5 pm). Any consideration of overnight time is problematic for two reasons: the mother’s ambivalence regarding her support of the children spending time with the father and the father’s possible move to Town N. It might be that, prior to any consideration of overnight time, the matter ought to be reviewed by the Independent Children’s Lawyer.
[112] It is suggested that the children might benefit from attending a group program for children from separated families and that Ms Jasko seek professional intervention to assist her to support the children’s contact with their father (contact D Counselling).
[113] It is recommended that Mr Fawne (ideally) return to his prior counsellor, or engage another counsellor, to assist him to develop a better understanding of the children’s developmental stages, and also for him to develop strategies for dealing with any of the children’s behaviours/comments that cause him difficulties.
It is likely that at the time that the Family Report was prepared and released that the Family Consultant could not reasonably foresee that the pandemic would adversely affect this family’s access to professional supervised contact services. It is clear, however, that the Family Consultant was open to supervision by one of the paternal grandparents.
Even though the Family Report is as yet untested, an observation that may be made of all the evidence before the Court at an Interim Hearing, it is nonetheless the only objective, independent and expert evidence in this case. The Court thus accepts this evidence.

Supervision of the Father’s time

Based on all the evidence that is before the Court, and the very careful submissions made by Counsel for each of the parties, the Court cannot discern any risk of harm to the children that cannot be managed by adequate supervision. For all practical purposes in this case, the question is whether adequate supervision can only be provided by an independent professional contact supervision service, or whether it can be provided by the paternal grandparents, or some other agreed person?
The Court expressed a preliminary view during the Interim Hearing to the effect that it would have preferred for the Father’s time with the children to recommence using the services of a professional contact service which could provide written reports to the parties and to the Court, before proceeding to either alternative forms of supervision, or no supervision at all, albeit in each case for limited daytime periods of time. Because of the COVID-19 pandemic, and its impact on the services offered by the professional supervised contact providers, that was not an option at the time of the Hearing, and to the best of the Court’s knowledge it remains not an option at the time these Reasons for Judgment are being delivered.
From this Court’s perspective, an order for the Father not to spend time with the children is not in their best interests, even on an interim basis, having regard to the evidence before it. These children appear to still have a good relationship with their father and want to see him. The evidence before the Court leads it to believe that the Mother is able to support that relationship. She has concerns, perhaps even quite justified concerns, but they can be managed by adequate supervision.
The focus turns to the paternal grandparents. They offer undertakings to the Court. The paternal grandmother’s undertaking was duly tendered. The Court does have concerns about the adequacy of the undertakings given, or to be given, and would much prefer that the form of undertaking be drafted by the Independent Children’s Lawyer to take into account the diverse issues raised by the Family Consultant in the Family Report, as well as the evidence generally.
The Mother has a number of concerns about the paternal grandparents. She does not trust them. The Mother does not view the paternal grandmother as being independent. She contends that the maternal grandmother, for example, has an uncritical alliance with the Father which, in her Affidavit, seems oblivious to the risk of harm considerations that permeate this case. The Mother’s concerns are understandable. If the choice were between supervision by the paternal grandparents, and supervision by any other available person or entity, the Court would usually be very reluctant to appoint a supervisor who could be described as partisan.
In this case, however, for all practical purposes the choice is between no contact, and the paternal grandparents. The paternal grandparents were interviewed by the Family Consultant, and this is recorded at paragraphs 47 to 53 of the Family Report. Perhaps unsurprisingly, having regard to human nature, they are hardly objective in their assessment of this case. It does seem, however, that in the past they had at least a workable relationship with the Mother. At paragraph 87 of the Report, it seems that whilst the children were somewhat tentative with the paternal grandmother, they were nonetheless relaxed in her presence. At paragraph 90 the children were not only relaxed, but seemed to be enjoying the paternal grandmother photographing them, with the Mother’s consent (yet another example of her cooperation). The farewell between the children and the paternal grandmother was described as affectionate and involving “group hugs”. At paragraph 51 of the Report it seems as if the paternal grandparents not only support the Father spending time with the children but: “Hope that both they and G can also spend time with the children, at the same time as Mr Fawne.” A reasonable inference to draw is that they want to spend time with the children as well, which is itself a protective factor.
The other protective factor in this case is the children themselves in terms of their ability to report the Father’s inappropriate conduct or lapses in supervision. For example, X denied that either of his parents make him feel afraid. Y was described as being quiet, but confident. When she is worried, she talks to her mother which probably means she would not be slow to report concerns to her mother. She too said that she would not be scared of spending time with her father. Z presented as confident and articulate. The Court is reasonably satisfied that if issues arise during the Father’s supervised time with the children, these children have at least the capacity to assert themselves to the paternal grandmother, and to report to their mother.
Accordingly, the Court is satisfied that the paternal grandmother, or paternal grandfather, or another agreed supervisor, should be able to supervise the Father’s time with the children. The Court is concerned, however, about the rapid progression from 4 hours each alternate Sunday to 8 hours each alternate Sunday and would prefer this to progress in a more incremental fashion. Accordingly, and commencing from the second Sunday from the making of these Orders, the Father should spend time with the children from 10:00am until 2:00pm each alternate Sunday, supervised by the paternal grandparents or another agreed supervisor. From Sunday 4 October 2020 the children’s time with the Father will be from 9:00am to 3:00pm, and then from 3 April 2021 it will be 9:00am to 5:00pm each alternate Saturday or Sunday but not both.
The Court will request the Independent Children’s Lawyer to prepare a form of undertaking that is rigorous and proportionate to the risk issues raised in the evidence. If the Father fails to attend two consecutive visits without an explanation that is acceptable to both the Mother and the Independent Children’s Lawyer, the matter should be relisted for consideration of whether the time should be suspended.
The Court considers all of the remaining orders sought by the Independent Children’s Lawyer to be proportionate and in the best interests of these children. The Father would be well advised to obtain better evidence to support his assertion about his continued good mental health. The Independent Children’s Lawyer will have leave to relist this matter before me on 7 days’ notice should there be concern about how the time is progressing. At the callover listing of this matter, the Court will consider what further evidence needs to be obtained for the Final Hearing. The only amendment to the Independent Children’s Lawyer’s proposed minute will be the insertion of a new 3.4 as follows: –
No time in accordance with these orders will take place until the paternal grandparents or other agreed supervisor, have provided undertakings in the form required by the Independent Children’s Lawyer.

I certify that the preceding seventy (70) paragraphs are a true copy of the reasons for judgment of Judge Altobelli

Date: 7 May 2020

Schedule One

Chronology prepared on behalf of the Applicant Mother

Date	Event
1978	Mr Fawne the Respondent Father born.[1]
1984	Ms Jasko the Applicant Mother born.[2]
1996	Mr Fawne admitted for overdose on paracetamol[3] Letter to Dr O from Town P Health Service found Mr Fawne had allegedly taken 70 paracetamol tablets[4]
1996	Mr Fawne admitted after overdose of 70 panamax tablets. Noted to be aggressive[5]
1997	Mr Fawne alleges to have been pushed over Town Q Bridge. Admitted to hospital. Responding to pain, smells of alcohol and Jim Beam found near him[6]
1998	Mr Fawne presents to Town L ED vomiting, had taken various hallucinogens the night before[7]
1998	Mr Fawne brought in by police allegedly trying to jump off bridge parasuicide. Recent admission for paracetamol overdose[8]
2000	Date of birth of Mr Fawne’s possible child Mr R, mother Ms S[9]
2001	Two months ago Mr Fawne’s fiancé ended their relationship. Since that time Mr Fawne has called her constantly, and on one occasion followed her from work. Phone calls continued mostly in the form of text messages. Mr Fawne would call up to 60 times a day. On 1 October 2001 the victim received a text message from Mr Fawne who told her to look outside her bedroom window. She was too scared to look but heard noises outside. AVO applied for on behalf of the victim.[10]
2001	At 5:20 pm Mr Fawne contacted his ex-fiance and told her he was going to slit his wrists[11]
2001	Mr Fawne presented at Town L ED after taking overdose of Risperidone. Has long history of depression and parasuicidal. Told his mother he had taken medication and she called ambulance[12]
2001	Report made to police by Mr Fawne’s ex de-facto as he had been calling her in breach of AVO. She had spoken to him as he was threatening self harm[13]
2002	Mr Fawne appears in Town L Local Court after being charged with contravene ADVO[14]
2002	Mr Fawne and Ms Jasko met through friends.[15]
2002	Report of Dr T re Mr Fawne notes Mr Fawne binge drinks and drink alcohol as often as he can, admits to drinking one bottle of spirits per day[16] Has suffered nightmares since the age of 16 or 17. Ha a history of illegal activities during that time of his life and there were committed whilst under the influence of drugs. Substance abuse since the age of 12[17] Opinion of Dr T that Mr Fawne suffers from Substance Abuse Disorder and a personality disorder with mixed features of antisocial borderline trait. He does not show insight into his need for help and has refused further counselling[18]
2003	Mr Fawne had a daughter with his partner Ms U namely G (“G”).[19]
2005	At 1:25 am Police spoke to Mr Fawne outside V Store in Town W after receiving a complaint from security that Mr Fawne had been acting suspicious and abusive. Mr Fawne stated he was out shopping and that he often walks by himself early in the morning. He stated he was on a hunt for paedophiles and was waiting for a person to come to town who was sexually assaulting young girls[20]
2005	Mr Fawne and Ms Jasko commenced a relationship.[21]
2006	Mr Fawne was charged with mid-range drink driving, and disqualified from driving for 2 years.[22]
2007	Mr Fawne and Ms Jasko commenced living together.[23]
In or around 2007	Ms Jasko became concerned with Mr Fawne’s mental health.[24] Mr Fawne’s workmate passed away; Mr Fawne was with him when he passed away. Mr Fawne did not see a counsellor but rather turned to heavily drinking alcohol.[25] Ms Jasko observed Mr Fawne to begin to change mentally. Mr Fawne was observed by Ms Jasko to be withdrawn, his temper was shortened, and small issues would set Mr Fawne off and become out of proportion.[26]
March/April 2008	Mr Fawne suffered a workplace injury where his artery in his arm was severed. Mr Fawne was hospitalised and later took time of work for quite some time.[27] Ms Jasko observed during the time Mr Fawne was off work his anger and outbursts increased and be abuse towards Ms Jasko. As far as Ms Jasko was aware, Mr Fawne was not seeing a counsellor or speaking to anyone about the trauma he had suffered.[28]
2008	Around this time Mr Fawne said to Ms Jasko “I think that you should live with your dad so that you don’t have to pay rent and save money”. Ms Jasko then moved in with her dad and brother.[29]
2008	Ms Jasko received a Facebook message from a women named Ms AA. Ms AA said “I’ve been in an online relationship with Mr Fawne. He told me that you are his live-in maid but I am wondering if this is true”.[30] Ms Jasko confronted Mr Fawne about the message. Mr Fawne became enraged and insisted he had not been in a relationship with Ms AA.[31]
2008	Ms AA arrived in Australia where she stayed with Mr Fawne for approximately three weeks whilst Ms Jasko lived with her dad and brother.[32] Ms Jasko found out that she was pregnant.[33]
2008	Ms Jasko found out she miscarried.[34]
2008	Ms AA left Australia and returned to Country BB.[35]
2008	Mr Fawne and Ms Jasko resumed their relationship.
2008	Ms Jasko found out she was approximately six weeks pregnant. When Ms Jasko told Mr Fawne he said, “get rid of it”.[36] The following day Ms AA retuned to Australia for seven to eight days.[37] Ms Jasko was very confused with Mr Fawne’s actions and stability. One minute wanting to be with Ms Jasko and the next breaking up with her. Due to Ms Jasko being pregnant with Mr Fawne’s child she agreed to continue in a relationship with Mr Fawne.[38]
2009	Ms Jasko and Mr Fawne separated. Ms Jasko organised a meeting with Mr Fawne’s parents to discuss her concerns with Mr Fawne’s mental health. A few days prior to the meeting, Mr Fawne said to Ms Jasko “ Ms AA is pregnant”.[39] Ms Jasko discussed both pregnancies with Mr Fawne’s parents. Mr Fawne’s parents and Ms Jasko decided to talk to Mr Fawne when he arrived home from work.[40] Around 7:00pm Mr Fawne arrived home. Ms Jasko and Mr Fawne’s Parents spoke to Mr Fawne about the pregnancies Mr Fawne became enraged and verbally abusive saying “get fucked”.[41] Mr Fawne was extremely derogatory towards Ms Jasko saying “you fucking useless bitches are trying to use me – you can both get fucked”.[42]
2009	Mr Fawne moved in with his Brother and Sister-in-law in Town CC.[43] Ms AA sent a message to Jus Ms Jasko tine advising that she had miscarried.[44]
2009	X (“X”) born.[45]
2009	Ms AA informed Ms Jasko that Mr Fawne had called her the morning X had been born.[46]
2009/2010	Mr Fawne arrived at Ms Jasko’s house visibly shaken and was not present mentally and was delusional. Ms Jasko took Mr Fawne to the hospital where Mr Fawne admitted he had consumed 1-2 bottles of Heron for “pain”.[47] During this time Mr Fawne became paranoid and began making wild accusations such as Ms Jasko having an affair and that the children were not his.[48]
2009	Mr Fawne admitted to hospital. Took more than 20 panadol tablets. Vomiting and not tolerating fluid or food. Denies attempt to commit suicide[49]
2010	Y (“Y”) born.[50]
2010	An incident occurred with Mr Fawne and G. G would not eat a piece of meat for dinner. Mr Fawne tried to physically force G to eat the meat. G got away from Mr Fawne crying uncontrollably. Ms Jasko told Mr Fawne to get out of the house whilst she called his mother. This made Mr Fawne very angry saying to Ms Jasko “get fucked” and grabbed G by the wrist and dragged her out of the house. Ms Jasko and Mr Fawne’s mother were unable to locate Mr Fawne and G until around 11:00pm. During the time Mr Fawne and G were missing Ms Jasko was continuously receiving abusive messages from Mr Fawne.[51] The next day, Ms Jasko received a call from Centrelink requesting her to attend the Town L office to sign some paperwork regarding the single parent allowance for Mr Fawne. Ms Jasko told the Centrelink office she would be able to come down when Mr Fawne was not there. When Ms Jasko arrived at Centrelink in Town L, G pointed Ms Jasko out to Mr Fawne. Mr Fawne became enraged and yelled across the room. Mr Fawne was escorted out Centrelink.[52]
2011	Z (“Z”) born.[53]
December 2010 to December 2011	Due to Mr Fawne’s escalating behaviours Ms Jasko and Mr Fawne separated during this time.[54]
2013	Mr Fawne obtained work in Town DD and moved there around this time.[55]
January 2013 – June 2013	Mr Fawne worked in Town DD during this time. Mr Fawne was only contactable during his work hours or when his “housemate” was at work. Ms Jasko became aware that Mr Fawne had commenced a relationship with a 19 year old girl.[56]
2013	Police received a call from a male saying he was in possession of a firearm and wanted to shoot himself. POI was contacted by mobile phone, stated he was suicidal but was not in possession of a firearm but could get one. POI met police outside premises, he stated he is currently residing in Town DD and is having custody battle with his ex about 9 year old daughter. He stated he had enough, he is going to find his ex and put her in a body bag himself. POI was taken to Town DD Hospital for assessment[57]
2013	Ms Jasko received a call from Mr Fawne from Town DD hospital saying, “I called lifeline today and I told them I was going to drive 7 hours to Town EE to kill Ms U! You need to come get me”. The Hospital orderly told Ms Jasko that he was sedated and being moved to Town FF Mental Health Unit and will remain their till Monday.[58]
2013	Ms Jasko drove 4 hours to collect Mr Fawne from Town FF Mental Health Unit. Following this Mr Fawne did not attend counselling. Mr Fawne was prescribed with medication which he stopped taking.[59] Around this time Ms Jasko found Endone in Mr Fawne’s car.[60] Mr Fawne had not needed to take Endone since his workplace accident in 2008.[61]
2013	Ms Jasko became aware that Mr Fawne was engaged in approximately 6 online relationships.[62]
2013	Ms Jasko received a message from Ms GG who said “put a lease (leash) on Mr Fawne … thought u should know in last 4 yrs he’s being seeing me”.[63]
2013	Mr Fawne lost his job in Town DD and moved back to the Region F.[64]
2015	G moved in with Ms Jasko and Mr Fawne. Mr Fawne’s mental health deteriorated further. His outbursts became significant more intense.[65] Prior to G moving in with Ms Jasko and Mr Fawne, G lived with Ms U and spent time with Mr Fawne each alternate weekend and half of the school holidays.[66]
June/July 2015	Y was approximately 5 years of age. Ms Jasko woke up to the sound of G yelling at Mr Fawne. When Ms Jasko walked out to the lounge room, she saw Y sitting next to the fire crying. G said, “he pushed her near the fireplace and she fell”. Mr Fawne said, “I pushed her to teach her a lesson she won’t go near the fire anymore”.[67]
Around 2015	Mr Fawne, Ms Jasko and the children went to Town A Market Place. Whilst eating lunch X was talking and accidently spat in Mr Fawne’s. Mr Fawne became enraged and yelled at X “you’re a fucking idiot” and hit X with a closed fist.[68] Ms Jasko removed the children from the situation and walked into the grocery store whilst Mr Fawne continued to yell verbal abuse. Mr Fawne would push the shopping trolley into Ms Jasko’s ankles when she stopped to get something from the shelf.[69]
2015	X began acting out at school being verbally abusive towards his classmates and teachers. When Ms Jasko raised this with Mr Fawne, he brushed it off and said, “he is only 6 – there’s nothing wrong with him”. Ms Jasko was unable to seek professional health for X.[70] During the second week of the school holidays G was in Ms U’s care. G tried to kill herself by overdosing on Ms U’s blood thinning medication.[71]
August 2015 – December 2015	Ms Jasko facilitated G to attend Ms HH (“Ms HH”), psychologist in Town EE.[72] During this time G disclosed that she had been sexually abused in Ms UU’s care and Ms U was physically, verbally and emotionally abusive towards G.[73]
December 2015 – June 2016	Mr Fawne and Ms Jasko arranged for G to start seeing Ms JJ (“Ms JJ”) a psychologist in Town KK as G was too old to see Ms HH. G only had two appointments with Ms JJ when Mr Fawne said, “who cares it’s not working anyway”.[74]
05/01/2016	Report made by friend who was chatting with G on Instagram. G disclosed that when she lived with her mother in 2015, her mother let her (the mother’s) partner rape her. Police spoke with Mr Fawne who reported that G had disclosed these assaults and had been interviewed in 2015[75]
2016	Mr Fawne said to Ms Jasko “somebody called and told me that I have PTSD”.[76]
2016	Ms Jasko invited Mr Fawne and G to McDonald’s Town KK to celebrate Y’s 6^th birthday. Mr Fawne made derogatory comments and said, “mummy doesn’t want us to be a family anymore”.[77] G had accidently locked Mr Fawne’s keys in the car. Mr Fawne became irate yelling at G and Ms J arrived to pick up G.[78]
2016	An argument occurred between Mr Fawne and G. The argument became very violent and Mr Fawne locked G outside. Ms Jasko spoke to G trying to calm her down and asked her to sit down. Ms Jasko went back inside. G began to throw the outdoor setting around the lawn in which Mr Fawne ran outside, yelling at G. Mr Fawne had G on the ground sitting on her pushing G’s face into the concreate. Ms Jasko went outside to stop the argument and called Mr Fawne’s mum to pick up G in which she did.^[79] G returned later and gave Mr Fawne an apology letter which Mr Fawne refused to read and went to bed.[80]
09/05/2016	Mr Fawne read G’s letter and told G she had to read the letter out at dinner to everyone. G became upset and did not want to do this. Mr Fawne attacked G pushing her against the bar while yelling in her face.[81] Ms Jasko again asked Mr Fawne’s mum to pick up G.[82]
10/05/2016	Mr Fawne was angry that Ms Jasko arranged for G to go to his mother’s house. Mr Fawne walked around kicking furniture and threw a school bag at Ms Jasko which missed and hit Y.[83]
13/05/2016	G returned home from Mr Fawne’s mothers home.[84]
14/05/2016	Ms Jasko got the children ready to run some errands. As Ms Jasko was placing the children in the car she heard an argument begin between Mr Fawne and G. Ms Jasko knew it was not safe or sustainable for the children and could no longer manage Mr Fawne and G’s volatile relationship and Mr Fawne’s erratic behaviours and did not return home.[85] Mr Fawne and Ms Jasko separated on a final basis.[86] Initially after separation Ms Jasko facilitated supervised time with Mr Fawne and the children but due to Mr Fawne’s aggressive and unpredictable behaviours this only occurred on two occasions.[87]
05/06/2016	Mr Fawne asked to spend time with the children. Ms Jasko organised supervised spend time with Mr Fawne and the children with Ms J for approximately four hours.[88] After this date Ms J did not attempt to organise time with Mr Fawne or herself to spend time with the Kids. Mr Fawne would randomly turn up to the children’s school and wanting to play with the children in the park. Ms Jasko organised for Mr Fawne to see the children 3 times at the park as it was a very public place. During the last visit Mr Fawne was being highly inappropriate and saying, “I didn’t know how to be a good dad because I didn’t have a good example”. After this Ms Jasko ceased contact between Mr Fawne and the children.[89]
18/06/2016	Ms Jasko attempted to organise time between Ms J and Mr Fawne to spend time with the children for X’s birthday. Ms Jasko said to Mr Fawne and Ms J they would go to McDonald’s Town KK for dinner. Ms Jasko did not get a response from Mr Fawne and Ms J said she was unwell.[90]
19/06/2016	Ms Jasko and the children were at Town KK McDonalds for a birthday dinner. Mr Fawne and G attended for the dinner. During the dinner Mr Fawne checked his phone and saw G had posted links to self harm websites on her Facebook. Mr Fawne confronted G about this and G became spiteful and disrespectful. Ms Jasko has packed up her children to leave and put them in the car. G (12) refused to get in car with Mr Fawne. He grabbed hold of G’s arm and pulled her towards the vehicle, they were yelling at each other. Mr Fawne forcefully put G into the passenger seat and tried to forcefully put on her seatbelt. G bit Mr Fawne and Mr Fawne forcefully pulled her out of the car and she has landed on the ground on her back. Both Ms Jasko and Mr Fawne’s mother called police.[91]
19/06/2016	Ms Jasko and the children attended McDonald’s Town KK. Mr Fawne and G were half an hour late. When Mr Fawne arrived he followed Ms Jasko to the playground where he started to belittle her. Following this Ms Jasko noticed G’s phone was broken. When Ms Jasko asked Mr Fawne what happened he responded, “she does not deserve a working phone”. Mr Fawne then got up and walked out.[92] Ms Jasko walked G away from the children and asked if she was ok. G said, “I am scared of him please don’t make me go home with him”. Ms Jasko went to put the children in the car when she called Ms J to pick up G. It was during this time that Mr Fawne grabbed G by the wrist and she started screaming. Ms J said that she had the police on the other phone.[93] The police arrived about 10 to 15 mins after the phone call. The police took statements from Ms Jasko and another witness and watched the CCTV Camera footage.[94] The incident was also reported to FACS.[95]
20/06/2016	Father confronted G about Facebook post pertaining to self harm, verbal argument has occurred where G kicked dashboard and bit her father. Father has pulled her from the car causing her to fall on her back[96]
July 2016	Ms Jasko approached D Counselling to seek help with making arrangements for the children to spend time with Mr Fawne.[97]
01/07/2016	Y was receiving an award at school and Ms Jasko invited Mr Fawne to attend the award ceremony. Mr Fawne and Ms J attended.[98]
2016	Ms Jasko invited Mr Fawne to attend dinner for Z’s birthday. Mr Fawne said, “I won’t be around”. Mr Fawne did not spend time with Z for her birthday.[99]
18/07/2016	Mr Fawne sent a Facebook message to Ms Jasko’s Aunty Ms LL saying “I was right about nothing getting better after I got better. So, I have decided to stop taking the mediation and going to therapies”.[100]
20/07/2016	Police called by Ms Jasko after Mr Fawne made threats to kill himself. Police attended and talked with Mr Fawne while waiting for ambulance to arrive. Mr Fawne said he suffers from PTSD after workplace incident. Had been late in taking his medication that morning and was feeling down, confirmed he said things to ex-partner that would have caused alarm[101]
25/07/2016	G disclosed physical, verbal and psychological abuse by her father and that he threatens to kill himself blaming her of his recent break up of his 10 year long relationship.[102]
25/07/2016	ROSH report. G disclosed physical, verbal and psychological abuse by her father and that he threatens to kill himself blaming her for his recent break up of his 10 year relationship[103]
28/07/2016	Police responded to concerns for welfare of G (aged 12) as she stated she was fearful of her father following aggressive behaviour and arguments over G’s Facebook account[104]
August 2016	D Counselling referred Ms Jasko to a counsellor named Ms MM (“Ms MM”).
August 2016 – September 2016	Mr Fawne said to Ms Jasko words to the effect of “I’m seeing a psychiatrist for the PTSD. It’s not my fault for the way I am. It’s the PTSD”.[105]
August 2016 – November 2016	Mr Fawne and Ms Jasko attended to see Ms MM and gave them strategies and techniques to use to minimise conflict.[106] During this time, Mr Fawne spent each Saturday with the children for a few hours which Ms Jasko supervised.[107]
Late August 2016	G was suspended for taking weapons to school. G took a box cutter which Mr Fawne told Ms Jasko she intended to use to self-harm. G was taken to N Adolescent Mental Health Unit in Suburb OO where she was diagnosed with bi-polar, anxiety, depression and childhood Post Traumatic Stress Disorder.[108]
5/08/2016	Letter from Town A Medical Centre to Dr B. Mr Fawne was started 2 weeks ago on Exefor but has not noted any improvement[109]
16/08/2016	Letter from Dr B to Town A Medical Centre. Mr Fawne easily meet the criteria for generalised anxiety disorder and has fear of lashing out in anger when he is tired. Has chronic and severe PTSD[110]
29/09/2016	Police were called after yelling was heard from inside Mr Fawne’s home. When they attended G was found to have cut herself with a razor blade. Mr Fawne informed police that G had cut herself several times. Police observed an amount of blood in the bathroom. G further stated she had consumed 12 diazepam tablets. Mr Fawne said they had had an argument about G hurting herself. G was conveyed by ambulance to Town L Hospital[111]
29/09/2016	Ms Jasko received a phone call from Mr Fawne. During the conversation Ms Jasko heard a glass smash and Mr Fawne yelled “she threw a fucking glass at me”. Mr Fawne was unable to calm G and eventually G locked herself in the bathroom.[112] Mr Fawne then when quiet. G had severely cut herself on the wrist and forearms. Ms Jasko called an ambulance. The ambulance arrived and took G to Town L hospital.[113] Ms Jasko went to Mr Fawne’s home. Ms Jasko observed broken glass and blood throughout the house.[114] Ms Jasko informed FACS on the incident that had occurred. G remained in hospital for 3 days and released into Mr Fawne’s Mother’s care.[115]
25/11/2016	Ms Jasko ceased the children spending time with Mr Fawne for her significant concerns of the children’s safety and wellbeing.[116] Ms Jasko received a text message from Mr Fawne requesting for Ms Jasko to call Ms PP, G’s FACS Caseworker. Ms Jasko called Ms PP around 3:00pm. Ms PP said that G is refusing to go with Mr Fawne and Mr Fawne has nominated Ms Jasko as her carer. Ms Jasko discussed with Ms PP the care of G. Ms PP and Ms Jasko agreed that it would be best for G to be with her maternal Grandmother Ms QQ.[117] At approximately 7:00pm-8:00pm Mr Fawne arrived at Ms Jasko’s home unannounced. Ms Jasko asked Mr Fawne to leave. Mr Fawne refused; Ms Jasko called Town L Police Station. There was no answer at the station. Whilst the phone was ringing Mr Fawne left. [118] Later that night Ms Jasko called Town L Police Station again and spoke with Officer Mr RR who advised Ms Jasko to speak with Ms SS (“Ms SS”) at the Town P Family Abuse Prevention Services.
26/11/2016	During a counselling appointment on 24/11/2016 the father became verbally abusive towards G and was asked to leave by counsellor. Counsellor requested alternate care arrangements be made for G as she was refusing to return to father’s care. On the evening of 25/11/2016 father attended mother’s home and mother requested he leave.[119]
26/11/2016	Report to FACS re concerns for X, Y and Z due to their father’s behaviour. On 24 November 2016 the father, mother and G attended a counselling appointment. Mr Fawne became verbally abusive and was asked to leave by the counsellor. Counsellor reported the incident[120]
26 November 2016	Mr Fawne and Ms Jasko attended counselling with Ms MM.[121] Mr Fawne brought G to the session. Throughout the session Mr Fawne was visibly agitated and being verbally abusive. Ms MM asked Mr Fawne to calm down. Ms MM did not feel comfortable with G leaving with Mr Fawne. Ms MM called FACS and advised that if Mr Fawne did not calm down, she would call the police. Mr Fawne did not calm down and Ms PP called the police. Ms PP refused to conduct any further counselling with Mr Fawne.[122]
06/12/2016	Police respond to call from G stating her father Mr Fawne wished to take his own life and had drunk weed killer. When police arrived ambulance personnel were speaking to Mr Fawne who stated he was having a bad day and wished to end his life. G disclosed she had tried to take her own life by taking possibly 13 Panadol tablets the night before and said she felt like killing herself now. Ambulance personnel have scheduled them both and taken them to hospital.[123]
06/12/2016	Ms Jasko called the Town P Family Abuse Prevention Services and spoke with Ms SS who advised her to speak to the police and report the messages if Mr Fawne continues to send them.[124]
7/12/2016	Ms Jasko attended police station to make a report about Mr Fawne’s harassing behaviour. Ms Jasko stated since separation in May 2016 she has been receiving numerous text messages and phone calls from Ms Jasko throughout most of the day and all hours of the night[125].
07/12/2016	Ms Jasko called Town L Police Station in accordance with Ms SS’s advice. Whilst Ms Jasko was talking with Officer Ms TT, Mr Fawne called Ms Jasko’s phone. Officer Ms TT answered the call and suggested that Mr Fawne stop contacting Ms Jasko.[126]
12/12/2016	Email sent from Ms UU to Dr B stating concern around physical and emotional violence that G is being subjected to from Mr Fawne and his family[127]
14/12/2016	Mr Fawne presents to Ms C as distressed, feeling like everyone given up on him[128]
January 2017	Ms Jasko received long letters from Mr Fawne which he delivered to the house on two occasions totally up to 32 pages long.[129] On the second occasion Mr Fawne came to the house Ms Jasko asked Mr Fawne to leave approximately 20 times before Mr Fawne did so. Ms Jasko called the police and reported the incident.[130] The police attended Mr Fawne’s home and Mr Fawne was committed to Town L Hospital under the Mental Health Act after threatening to kill himself.[131]
17/01/2017	Mr Fawne discusses with Ms C posting on Facebook that he is missing the children, got no reactions.[132]
9/02/2017	Mr Fawne discusses with Ms C that he feels angry and like giving up, but that he can’t seek medication because it will be used against him to get his children[133]
15/02/2017	NSW Police and paramedics attended as Mr Fawne was concerned G had taken 5 days worth of medication. G was somewhat non-compliant and not wishing to communicate. She was taken to Suburb OO Hospital. Mr Fawne declined to accompany paramedics as he was at his wits end with his daughter’s behaviour[134]
15/02/2017	Ms Jasko continued to see Ms MM from D Counselling. Ms MM suggested to Ms Jasko that she should see Ms VV of D Counselling to obtain a Section 60i Certificate.[135] Ms Jasko saw Ms VV on this date in accordance with Ms MM’s advice.[136]
19/02/2017	About 19:30 police contacted Mr Fawne in relation to a non-related incident. During the conversation Mr Fawne expressed that he did not want to be around anymore and he is better off dead. Police attended with ambulance, found Mr Fawne on the floor of the bathroom having a cigarette. Taken to Town L Hospital for mental health assessment. G was at home and was also taken to Town L Hospital for burn on right hand. She said she did it to herself because she wanted to see how long she could hold a lighter to her skin[137]
19/02/2017	Mr Fawne presented to Town L Hospital after police called paramedics. Said there are lots of instance that he felt he wanted to end his life but he has not done it. He is on Venlafaxine but is not taking it regularly[138] said he wants to give up and make funeral arrangements, denies suicidal ideation but feels like this very day[139]
21/02/2017	Under the advice of the Police Ms Jasko created a private Facebook group (“the Family Facebook Page”) between her the children and Mr Fawne.[140]
23/02/2017	Ms Jasko assisted the children to write on the Family Facebook Page and the purpose of the group to Mr Fawne.[141] Unfortunately, Mr Fawne has made many inappropriate posts on the Family Facebook Page which Ms Jasko has shielded from the children.[142] Mr Fawne posted Family Facebook Page to the children saying “… Do you want an always daddy that would do anything to make you and mummy happy? Or do you want me to go in and agree to be a sometimes daddy? Tell me what you all want and that’s what I will do”.[143]
25/02/2017	Mr Fawne posted on the Family Facebook Page to the children saying “…I was going to suggest that you could come over and play the PlayStation with me tonight… So we can play together. But then I remembered that we are not allowed. So I will play by myself. Sorry”.[144]
27/02/2017	Mr Fawne posted on the Family Facebook Page to the children saying “I have a family game to play with balloons. Sad thing is we are not family and we cannot play that game…”.[145]
March 2017	Ms Jasko was subject to ongoing tirade of text messages, Facebook messages and phone call abuse from Mr Fawne. Around this date Ms Jasko ceased the children from having telephone contact with Mr Fawne.[146]
01/03/2017	Mr Fawne posted on the Family Facebook Page alleging a train had spoken to him in a dream.[147]
04/03/2017 - 05/03/2017	Mr Fawne posted on the Family Facebook Page to the children, “Can the kids tell me why I have to go to mediation?,” and “If the mediator wants me to be a part time father… If the mediator says no chance of a family. Then I walk out…”.[148]
06/03/2017	Mr Fawne posted on the Family Facebook Page to the children saying “… your mum is even more angry because I got better. We are not a family because of that. I will do my best to be a family again. Your mum is just uneducated… that is why she does not understand”.[149]
09/03/2017

12/03/2017	Ms Jasko created a live stream in the Family Facebook Page showing Y doing her home readers for school.[151]
13/03/2017	Ms Jasko assisted each of the children to post a comment to Mr Fawne telling him about their day and to post a live stream showing X doing his home readers.[152]
15/03/2017	Mr Fawne attended an intake session with Ms VV at D Counselling. Following the intake, Ms VV issued a Section 60i certificate noting the matter not suitable for mediation.[153]
17/03/2017 – 18/03/2017	X won first prize at Town KK Show for his drawing. Ms Jasko allowed X to write a post to Mr Fawne to share this news with Mr Fawne. Ms Jasko assisted him to post 7 photos of X with his award and his picture.[154]
21/03/2017	Mr Fawne told Ms Jasko that G had gone to live with her maternal grandparents.[155]
30/03/2017	Ms Jasko went to pick the children up from school and saw Mr Fawne walking into the children’s school. Ms Jasko was concerned by this as Mr Fawne and Ms Jasko had never planned for him to collect the children from school. Ms Jasko and the children remained in the school office until a staff member of the school confirmed Mr Fawne had left.[156]
April 2017	G went into Ms UU’s care.[157]
7/04/2017	School counsellors report notes X’s teacher has identified emotional distress, separation fears and anxiety, defiant aggressive behaviour, hyperactivity, perfectionistic and compulsive behaviour[158]
07/04/2017	Mr Fawne posted on Family Facebook Page to Y saying, “Hi Y. How would you like mum and dad to work together so we can own our own family home. Then we could have land to buy you a horse. Or would you rather not be able to ever get that opportunity or experience?”.[159] Mr Fawne posted on the Family Facebook Page to the children saying: “I will make sure that ever opportunity I get, I will tell you that I never gave up on wanting to be a complete family with you… Real parents don’t abandon each other and their children. Separation is abandoning children. It is as selfish as chucking a tantrum and running to your room with your toys so as your brother and sister cannot play with them… ask your mum about things I say… when your friends talk about all the great things they do with their parents, and your mum can positively explain to you why you shouldn’t feel bad that your friends have two loving parents that do things with them and you don’t…”.[160]
12/04/2017	Mr Fawne posted on the Family Facebook Page to the children saying “Hey, you know how your mum has taught you to “ignore” me… I wonder what she would feel if I taught you to ignore her?”.[161]
17/04/2017	Mr Fawne posted on the Family Facebook Page to the children saying “… I am trying to see you. The truth is that one person and one person alone is stopping that from happening… I will tell you the truth at every opportunity and explain how things can be better…” and “I would like to work things out to be a family. But your mum does not want to… SHE wants to be separated…”.[162] Mr Fawne posted on the Family Facebook Page to the children saying “I don’t care how long your mum acts this way, and stops us from talking on the phone and seeing each other, I will still tell you how much better a family life is. Even if your mother disagrees”.[163] Ms Jasko ceased using the Family Facebook Page on this date as Mr Fawne would not use the Family Facebook Page appropriately.[164]
20/04/2017	Mr Fawne posted on the Family Facebook Page eleven times denigrating Ms Jasko.[165]
21/04/2017	Mr Fawne continued to post on the Family Facebook Page a further eight comments.[166]
24/04/2017	Mr Fawne posted to the children on the Family Facebook Page saying “… Maybe the Jasko Empire is right and I am delusional. Maybe I should end my life and the all the delusions right now”.[167]
26/04/2017	Mr Fawne posted to the children on his own Facebook page about supervised visitation. Mr Fawne’s friends, Mr WW, posted a comment on Mr Fawne’s post saying “…you’ve done well for not cutting her up stuffing her in a suit case and sending her overseas to somewhere shitty…”.[168]
27/04/2017	Mr Fawne posted on the Family Facebook Page to the children saying “Sorry kids. Your mum never wanted a committed relationship. She never wanted a married family life. She only wanted unprotected sex and give birth. And that’s what she accomplished”.[169]
28/04/2017	Ms Jasko received five messages from G saying that “mum tried to kill me”.[170]
28/04/2017-30/04/2017	G went missing during this period. The police found G at Town CC and was returned to Mr Fawne’s care.[171]
01/05/2017	Ms Jasko arrived at Town A Primary School at around 2:50pm to collect the children from school. When Ms Jasko arrived, Ms Jasko saw that Mr Fawne’s car was parked in XX Street which was adjacent to the school.[172]
02/05/2017	Physical altercation between G and her mother. Both G and her mother called police, neither willing to make statement. Police observed evidence of drug use with bowls and small pipes left on the table[173]
15/05/2017	Mr Fawne stopped posting on the Family Facebook Page on this date.[174]
02/06/2017	G reported as missing person. G has history of self harm and required to take a number of medications. G has chosen to reside with Mr Fawne (her father). Mr Fawne thinks G has not taken her medications since 9 April 2017.[175]
09/06/2017	Ms Jasko arrived at Town A Primary School to collect the children after school. Ms Jasko cited Mr Fawne’s Mother Ms J and Mr Fawne. Neither of them approached Ms Jasko at the school.[176] Ms Jasko collected the children and walked to the car. When Ms Jasko was at the car Ms J approached the car with gifts for the children.[177]
18/06/2017	Ms Jasko was working in Town L, between 5pm and 6pm. When Ms Jasko finished her shift she went outside, Mr Fawne’s car, was parked immediately behind Ms Jasko’s. The children were with Ms Jasko at the time. X suffered from anxiety upon seeing Mr Fawne’s car, saying to me “that’s Mr Fawne’s car – where’s Mr Fawne,” then becoming very quiet and looking around for Mr Fawne.[178]
18/07/2017	When Ms Jasko collected the children from school Z had a bag of presents. Z said to Ms Jasko that they were from Mr Fawne’s Mother Ms J.[179]
22/07/2017	Mr Fawne posted on his Facebook saying “Fear of the day. Let’s say a separated parent walked into the school took 3 of their children out of the school, put them in the car and drove them back to that parents house. Then that parent never ever let the other parent know if the kids were ok, never let the other parent see the kids, or talk to them on the phone…”.[180]
25/07/2017	Ms Jasko witnessed Mr Fawne to be seated in his motor vehicle within close proximity to her residence, with no obvious reason for him to be there. Ms Jasko drove to her cousin’s home requesting he accompany her to the children’s school where she was due to collect the children. Mr Fawne appeared from within the school and picked up Z. Ms Jasko removed Z and ushered children from the school grounds. Mr Fawne followed close behind verbally challenging Ms Jasko and her cousin. Mr Fawne invited cousin to fight him and said ‘I will smash your knees and break your neck’. Mr Fawne reached out and hit cousin three times to the back of the head with a closed fist. Cousin feared being further assaulted and fought back and the two fought. The children were inside the vehicle watching the altercation. As a result of this incident AVOs issued protecting the mother and children and also a separate AVO protecting the cousin from Mr Fawne [181]
25/07/2017	During the day between 1:00 pm and 2:00 pm Mr Fawne was witnessed by Ms Jasko in his car near her residence with no obvious reasons for him to be present at this location. Ms Jasko drove to her cousin’s home and requested he accompany her to collect the children as she was concerned about Mr Fawne’s actions. When Ms Jasko and her cousin attended at the school to collect the children Mr Fawne appeared from within the school grounds, picked up the youngest child and tried to verbally entice the other children. Ms Jasko and her cousin took youngest child and ushered children from school grounds, Mr Fawne followed behind challenging both Ms Jasko and her cousin into physical altercation. Mr Fawne said to Ms Jasko’s cousin “I will smash your knees and I will break your neck”. Mr Fawne punched cousin in the three times in the back of the head with a closed fist, Ms Jasko’s cousin punched Mr Fawne back in self defence. Children were present in car and witnessed altercation.[182]
25/07/2017	Mr Fawne present at Town L ED with head trauma, claims to have been assaulted and hit in head[183]
25/07/2017	Ms Jasko was informed that Mr Fawne had attended the school asking if the children were at school.[184] At approximately 1:00pm Ms Jasko saw Mr Fawne parked approximately 200 metres from Ms Jasko’s home.[185] Ms Jasko went to her cousin Mr YY’s house to ask if she could attend the children’s school to collect the children with her. Mr YY agreed.[186] When Ms Jasko and Mr YY collected the children, Mr Fawne appeared within the school grounds. Mr Fawne tried to take Z. Mr Fawne began to verbally abuse Mr YY and Ms Jasko.[187] Ms Jasko and Mr YY were trying to put the children in the car. Mr Fawne punched Mr YY in the back of the head three times. And smashed Mr YY’s phone.[188] Mr Fawne pointed out to Ms Jasko the posters saying, “MISSING My Kids If seen, let them know their Dads and Grandparents phone is always on.” There were approximately 8 posters around the children’s school, one in the park nearby Ms Jasko’s house and one at the end of ZZ Street.[189] Mr YY, Ms Jasko and an independent witness gave a statement to the police about the events that occurred.[190]
26/07/2017	Two Provisional ADVO’s were issued against Mr Fawne to protect Ms Jasko and X, Y and Z (collectively known as “the children”).[191]
27/7/2017	Mr Fawne appears in Town KK Local Court charged with stalk/intimidate intend fear, common assault, destroy or damage property x2[192]
03/08/2017	Mr Fawne put an axe through Ms Jasko’s television. Mr Fawne then posted the photo on Facebook.[193]
09/08/2017	Two Final ADVO’s were issued against Mr Fawne to protect Ms Jasko, the children and Ms Jasko’s cousin.[194]
10/08/2017	Police attended home of Mr Fawne after witnessing his AVO mentioned in Court where he was fully direct towards the Magistrate and held no respect for the Magistrate or AVO process, was more interesting in grandstanding about family law matters and his rights, little change in his attitude when speaking to police[195]
17/08/2017	X has referral for Child Adolescent Mental Health. Serious concerns noted about his oppositional behaviours and referent unwillingness to complete tasks. He also frequently destroys written work. Presents with different personalities and refers to these by different names. Each of these carry with them unique behaviours or demands. He has episodes of anger and is reported to exhibit aggression towards his peers.[196]
30/08/2017	Mr Fawne sent threatening messages to Ms Jasko’s Aunty Ms LL.[197]
11/10/2017	About 2:16 am Ms Jasko was woken by her phone ringing. Answered her phone and identified Mr Fawne. Ms Jasko ended the call. Mr Fawne contacted Ms Jasko 24 times over the next 15 minutes. Ms Jasko reported to police as breach of AVO. Police attended at home of Mr Fawne and observed him to be clearly affected by alcohol, holding a can of bourbon. Police smelled intoxicating liquor from Mr Fawne, he was slurring his words and needed to support himself on the door frame. Mr Fawne became aggressive towards police, police grabbed Mr Fawne and he lashed out and resisted police. After Mr Fawne was handcuffed he said ‘Now that you have me take me away, shoot me, I don’t care’. Mr Fawne admitted to drinking two six packs and a whole bottle of bourbon[198]
11/10/2017	Corrective services Drug and Alcohol and Mental Health summary. Mr Fawne report consuming alcohol daily and average amount of alcohol consumed is 14 drinks (mixture of beer and spirits)[199]
11/10/2017	Mr Fawne appears in Town AAA Local Court after being charged with resist officer in execution of duty and contravene AVO[200]
11/10/2017	Ms Jasko received 24 calls to her mobile phone in a period of 13mins between 6:16am and 2:29am. Ms Jasko called the police. The police arrived at approximately 3:00am to Ms Jasko’s house.[201] Mr Fawne was arrested and refused bail at Town AAA Local Court and incarcerated for approximately 5 weeks for breach of ADVO.[202]
12/10/2017	Corrective Services makes case note report where Mr Fawne described depression and PTSD symptoms including alcohol consumption and raising voice at family. Mr Fawne described making a home made gun from scratch including propellant chemicals for projectile and tested[203]
6/11/2017	Corrective Services makes case note report, Mr Fawne seen by psychologist and expressed suicidal thoughts within the last 72 hours[204] Incident report made as Mr Fawne expressed thoughts of suicide and explained various ideas in great detail[205]
7/11/2017	Corrective Services notes Mr Fawne still talking about suicide, he is still learning about suicide and the best way to do it[206]
9/11/2017	Letter from Ms BBB Psychologist. Dr CCC has diagnosed X with ADHD, ODD and Anxiety. Ritalin has been prescribed to assist X[207]
08/12/2017	Mr Fawne did not report in for bail check between 8:00 am and 8:30pm[208].
31/01/2018	Orders were made by Consent which restrained Mr Fawne by Injunction from attending Ms Jasko’s residence, workplace or the school which the children attend.[209]
15/03/2018	Orders were made by His Honour Judge Altobelli for Mr Fawne and Ms Jasko to each contact CatholicCare at Suburb OO to arrange an assessment for supervised time between the children and Mr Fawne.[210] Ms Jasko contacted CatholicCare at Suburb OO to arrange an intake appointment for assessment of suitability for our family to attend CatholicCare.[211]
22/03/2018	Mr Fawne reports to Ms C that he is very down, he regrets having children as its too painful[212]
25/03/2018	Helpline assessment to DCJ. G disclosed that her father punched twice to face and eye on the weekend. She said they were in his car and they had an argument because he kept calling her by her mother’s name. She punched him and he punched her in the head twice[213]
25/03/2018	G disclosed to her psychologist that her father punched her in the head twice, to the face and eye on the weekend. They were in the car and had an argument as he was calling her by her mother’s name. G reported that there has been a history of DV and that she is often physically restrained by her father and is fearful of him[214]
27/03/2018	Report made about G. Report that G and her father have a DV relationship. Both have PTSD. Paternal grandmother is also reported to be verbally and psychologically abusive towards G. A few month ago G left home and went to live with a friend due to abusive behaviour by father and paternal grandmother. G was sexually assaulted while living with friend. When she returned home she disclosed sexual assault to father, her father called her a slut and a whore. Mr Fawne previously admitted to assaulting G by punching her in the face while they were in the car. During most recent session at Adolescent Mental Health Service with G, Mr Fawne and her grandmother there were a lot of raised voices and yelling, with both the father and the grandmother using derogatory comments and calling G ‘attention seeking manipulative little shit’ and ‘fucking retarded’. After father and grandmother left the room G disclosed that the only way to stop her father escalating to physical violence was to admit fault and apologise[215]
14/5/2018	Report made about G after she absconded from hr father’s home on 8/4/2018. Father reported that G was picked up for drunk and disorderly conduct. G arranged to be driven to her mother’s home by Ms DDD, Ms Jasko’s aunt. G has been living with her father and his parents in a volatile household that exacerbate her mental health symptoms[216]
29/05/2018	Report made after G presented to service as she is homeless. G reported that her father is abusive and that’s why she will not attend at his home to reside there. G stated she was previously living with her mother but her mother was using ice and kicked her out[217]
30/05/2018	Orders were made by Consent which restrain Mr Fawne from approaching or coming within 100 metres of Ms Jasko’s home or workplace, the children’s school.[218] Orders were made for Mr Fawne to undergo Urinalysis Testing at the request of the ICL.[219]
07/06/2018	Ms Jasko was contact by CatholicCare who advised that there had been a breach of confidentiality. Mr Fawne had been sent Ms Jasko’s intake letters which noted her current residential address and the date and time of her scheduled intake appointment with CatholicCare.[220] Ms Jasko called the Police and FACS advising them of the breach.[221] Ms Jasko contacted her solicitors advising them of the breach. While Ms Jasko was on the phone Mr Fawne drove past Ms Jasko’s house.[222]
08/06/2018	Ms Jasko instructed her solicitor to write to Mr Fawne’s solicitor, GTC Lawyers outlining the Breach by CatholicCare.[223]
16/06/2018	Mr Fawne updated his profile picture on Facebook to show a new tattoo that he had gotten on his forearm. That tattoo bears a strong resemblance to Ms Jasko’s profile picture on Facebook but had her eyes blindfolded.[224]
25/06/2018	The police attended Ms Jasko’s home to conduct a welfare check as they had received a report about an incident of child abuse that allegedly took place.[225]
27/06/2018	The police attended Ms Jasko’s home advising they had received an anonymous call stating someone witnessed Ms Jasko manhandle a child.[226]
2/07/2018	Mr Fawne discusses with Ms C that he does not understand why Ms Jasko is so adamant about no contact. One day after separation he went for dinner and went home, no trouble[227]
02/07/2018	A FACS Caseworker attended the children’s school to speak with the children.[228]
04/07/2018	Ms Jasko had a meeting with FACS and was asked to undertake a urinalysis test which she did.[229] FACS informed Ms Jasko that they had received 3 reports in four days. Two reports made by the police. The case was closed.[230]
06/07/2018	Mr Fawne’s last appointment with Dr B. Has not engaged with Dr B since this time[231]
9/07/2018	Letter from Dr B. Mr Fawne has minor manifestations of burnout and PTSD which is a result of a variety of trauma continues and given what has been done over the years, Dr B would imagine that he is probably stuck with some manifestations of PTSD in the long haul[232]
29/07/2018	DCJ undertake risk assessment of Ms Jasko and children. Caseworkers interview Z and Y at school. REDACTED report that the children present to school neat and tidy with lunch and they have excellent attendance. X has diagnosis but notes that Ms Jasko coordinates transport for X as he has different hours, and she is well engaged with meetings surrounding his behaviours. No concerns that Ms Jasko presents intoxicated at any time. CW undertake home visit and observe home to be neat and tidy with appropriate bedding, toys and clothes. Ms Jasko voluntarily undertakes urinalysis which is negative. Children report that they love their mother, she does everything for them and there isn’t anything about her that makes them sad[233]
22/08/2018	An application was taken out by the Police and the matter was heard at Town KK Local Court varying the ADVO to protect Ms Jasko and the children until 21 August 2020.[234]
12/09/2018	Ms Jasko was advised by police that they were having difficulty serving Mr Fawne with the new Order made on 22 August 2018.[235]
17/02/2019	Ms Jasko received a phone call from her sister-in-law informing her that there were posters placed all over the front gate, fence and trees at the Town EEE on FFF Street.[236] Ms Jasko reported this to the police.[237]
23/02/2019	Ms Jasko received a telephone call from her father. He informed Ms Jasko that a supervisor, Mr GGG, had contacted him after finding posters taped to trees and telegraph poles at his own suburb on HHH Street in Town Q.[238]
6/3/2019	Report made by mandatory reporter. Another student said G had disclosed G’s father punched her and given her a black eye after an argument. G has a 19 yo boyfriend and has not been at school. Teacher had conversation with father on 4/3 and he reported G back living with him[239]
8/03/2019	Report made after G discloses that her father had bashed her. She needed a cigarette and took one. G had a bruised neck. G called her mother to pick here up in QLD as her father ‘would have killed her’. G reported that she took a cigarette, father went ballistic and grabbed her by the hair and dragged her down the hall and then grabbed her by the throat and punched her. Father said it started when he asked G to stop putting cigarettes out on the wall at a resort, he said at 3am G went off and left and came back with a ruide on her throat which she said was from a ping pong ball[240]
08/04/2019	Ms Jasko noticed Mr Fawne’s car while waiting at the bus stop with the children on JJJ Street. Mr Fawne beeped the horn as he drove past.[241]
17/4/2019	G posts picture on Facebook of marijuana and pills, and another picture of her stomach and an emoji of a pregnancy stick (G 15 years old)[242]
31/5/2019	G’s mother Ms U believes G may be using intravenous drugs, isn’t enrolled in school and disappears from home for a long time. Is supposed to be living with father but goes between Ms U, friends and other places[243]
02/07/2019	Ms Jasko was collecting the children from school and driving along KKK Street to collect the children from school. Ms Jasko noticed Ms J’s car parked in LLL Street. When the children and I came out of school, Ms J drove past the car.[244]
10/07/2019	Ms Jasko noticed a white vehicle drive past her home slowly a few times. Later that day she noticed the same white vehicle in the McDonald’s carpark. Ms Jasko reported this to police.[245]
16/07/2019	Ms Jasko received a message on Facebook from a person named Ms OOO, believed to be Mr Fawne’s new partner.[246]
18/07/2019	Ms Jasko received a call from Region F Police Station who advise that Mr Fawne had attended the station to make a complaint that on Saturday 13 July Ms Jasko had apparently followed him to MMM and a passenger in Ms Jasko’s car had pulled what Mr Fawne believed to be a gun on him. Ms Jasko was in Canberra during the time that Ms Jasko had allegedly followed Mr Fawne.[247]
20/07/2019	Ms Jasko installed CCTV cameras at her home. On this date she noticed the same white vehicle drive past her home several times. Ms Jasko reported this to the police.[248]
20/08/2019	Helpline assessment re G. G has disengaged from education and is currently living with a friend with no employment. Dad Mr Fawne has a history of disengaging from contact with G and has hit her on previous occasions.[249]
20/10/2019	Concerns to DCJ for G. G is very transient, has no stable home, admitted history of amphetamine use. Student information suggests that she has been hospitalised for excessive drug use[250]
5/11/2019	Police called to MMM Service Station in relation to G being chased by her father. Police attended and spoke with G who said she had been assaulted by her father and showed a red bump to the middle of the forehead. G wished to return to her boyfriend’s house. Police spoke with Mr Fawne and his girlfriend Ms OOO (NOTE NOT MS H) who advised G had given herself the bump by banging her own head against the well, which G confirmed. G was also holding a knife to herself saying ‘I just want to die’ G has recent history of heavy drug use and psychosis and was taken to Town NNN Hospital by ambulance[251]
08/12/2019	Ms Jasko Aunt Ms DDD received a message on Facebook from Ms OOO. She forwarded it to Ms Jasko.[252] Ms Jasko’s other Aunt, Ms LL, also received a message on Facebook from Ms OOO and sent a copy to Ms Jasko.[253]
22/12/2019	Ms Jasko’s cousin Mr YY forwarded Ms Jasko a message she had received on Facebook from a woman named Ms PPP.
21/01/2020	An observation session was facilitated by the Family Consultant Ms E on this date.[254]

[1] Affidavit of Ms Jasko sworn 18.03.2020 [4].

[2] Affidavit of Ms Jasko sworn 18.03.2020 [3].

[3] Subpoena to Region K Local Health District, Sleeve 3, Tab M51

[4] Subpoena to Region K Local Health District, Sleeve 3, Tab M52

[5] Subpoena to Region K Health Service, Sleeve 3, Tab M63

[6] Subpoena to Region K Health Service, Sleeve 3, Tab M62

[7] Subpoena to Region K Local Health District, Sleeve 3, Tab M50

[8] Subpoena to Region K Health Service, Sleeve 3, Tab M61

[9] Subpoena to DCJ, Sleeve 9, Tab M78

[10] NSW Police 69ZW material, Tab M23

[11] NSW Police, 69ZW material, Tab M22

[12] Subpoena to Region K Local Health District, Sleeve 5, Tab M49

[13] NSW Police, 69ZW material, Tab M21

[14] Subpoena to Corrective Services, Sleeve 8, Tab M25

[15] Affidavit of Ms Jasko sworn 18.03.2020 [15].

[16] Subpoena to Corrective Services, Sleeve 8, Tab M32

[17] Subpoena to Corrective Services, Sleeve 8, Tab M33

[18] Subpoena to Corrective Services, Sleeve 8, Tab M34

[19] Affidavit of Ms Jasko sworn 18.03.2020 [6].

[20] NSW Police, 69ZW material, Tab M20

[21] Affidavit of Ms Jasko sworn 18.03.2020 [15].

[22] Affidavit of Ms Jasko sworn 18.03.2020 [29].

[23] Affidavit of Ms Jasko sworn 18.03.2020 [15].

[24] Affidavit of Ms Jasko sworn 18.03.2020 [27].

[25] Affidavit of Ms Jasko sworn 18.03.2020 [27].

[26] Affidavit of Ms Jasko sworn 18.03.2020 [28].

[27] Affidavit of Ms Jasko sworn 18.03.2020 [30].

[28] Affidavit of Ms Jasko sworn 18.03.2020 [31].

[29] Affidavit of Ms Jasko sworn 18.03.2020 [32].

[30] Affidavit of Ms Jasko sworn 18.03.2020 [33].

[31] Affidavit of Ms Jasko sworn 18.03.2020 [34].

[32] Affidavit of Ms Jasko sworn 18.03.2020 [34].

[33] Affidavit of Ms Jasko sworn 18.03.2020 [35].

[34] Affidavit of Ms Jasko sworn 18.03.2020 [35].

[35] Affidavit of Ms Jasko sworn 18.03.2020 [35].

[36] Affidavit of Ms Jasko sworn 18.03.2020 [37].

[37] Affidavit of Ms Jasko sworn 18.03.2020 [37].

[38] Affidavit of Ms Jasko sworn 18.03.2020 [38].

[39] Affidavit of Ms Jasko sworn 18.03.2020 [39].

[40] Affidavit of Ms Jasko sworn 18.03.2020 [40].

[41] Affidavit of Ms Jasko sworn 18.03.2020 [41].

[42] Affidavit of Ms Jasko sworn 18.03.2020 [41].

[43] Affidavit of Ms Jasko sworn 18.03.2020 [43].

[44] Affidavit of Ms Jasko sworn 18.03.2020 [43].

[45] Affidavit of Ms Jasko sworn 18.03.2020 [5].

[46] Affidavit of Ms Jasko sworn 18.03.2020 [43].

[47] Affidavit of Ms Jasko sworn 18.03.2020 [45].

[48] Affidavit of Ms Jasko sworn 18.03.2020 [46].

[49] Subpoena to Region K Health Service, Sleeve 3, Tab M56

[50] Affidavit of Ms Jasko sworn 18.03.2020 [5].

[51] Affidavit of Ms Jasko sworn 18.03.2020 [48].

[52] Affidavit of Ms Jasko sworn 18.03.2020 [49].

[53] Affidavit of Ms Jasko sworn 18.03.2020 [5].

[54] Affidavit of Ms Jasko sworn 18.03.2020 [47].

[55] Affidavit of Ms Jasko sworn 18.03.2020 [50].

[56] Affidavit of Ms Jasko sworn 18.03.2020 [51].

[57] NSW Police, 69ZW material, Tab M19

[58] Affidavit of Ms Jasko sworn 18.03.2020 [52].

[59] Affidavit of Ms Jasko sworn 18.03.2020 [53].

[60] Affidavit of Ms Jasko sworn 18.03.2020 [54].

[61] Affidavit of Ms Jasko sworn 18.03.2020 [54].

[62] Affidavit of Ms Jasko sworn 18.03.2020 [44].

[63] Affidavit of Ms Jasko sworn 18.03.2020 [44].

[64] Affidavit of Ms Jasko sworn 18.03.2020 [55-56].

[65] Affidavit of Ms Jasko sworn 18.03.2020 [57].

[66] Affidavit of Ms Jasko sworn 18.03.2020 [66].

[67] Affidavit of Ms Jasko sworn 18.03.2020 [23].

[68] Affidavit of Ms Jasko sworn 18.03.2020 [24].

[69] Affidavit of Ms Jasko sworn 18.03.2020 [24].

[70] Affidavit of Ms Jasko sworn 18.03.2020 [22].

[71] Affidavit of Ms Jasko sworn 18.03.2020 [67].

[72] Affidavit of Ms Jasko sworn 18.03.2020 [69].

[73] Affidavit of Ms Jasko sworn 18.03.2020 [69].

[74] Affidavit of Ms Jasko sworn 18.03.2020 [70].

[75] NSW Police, 69ZW material, Tab M16

[76] Affidavit of Ms Jasko sworn 18.03.2020 [146.1].

[77] Affidavit of Ms Jasko sworn 18.03.2020 [96].

[78] Affidavit of Ms Jasko sworn 18.03.2020 [97].

[79] Affidavit of Ms Jasko sworn 18.03.2020 [58].

[80] Affidavit of Ms Jasko sworn 18.03.2020 [59].

[81] Affidavit of Ms Jasko sworn 18.03.2020 [60].

[82] Affidavit of Ms Jasko sworn 18.03.2020 [60].

[83] Affidavit of Ms Jasko sworn 18.03.2020 [61].

[84] Affidavit of Ms Jasko sworn 18.03.2020 [64].

[85] Affidavit of Ms Jasko sworn 18.03.2020 [65].

[86] Affidavit of Ms Jasko sworn 18.03.2020 [16].

[87] Affidavit of Ms Jasko sworn 18.03.2020 [17].

[88] Affidavit of Ms Jasko sworn 18.03.2020 [98].

[89] Affidavit of Ms Jasko sworn 18.03.2020 [99].

[90] Affidavit of Ms Jasko sworn 18.03.2020 [100].

[91] NSW Police 69ZW material, Tab M9

[92] Affidavit of Ms Jasko sworn 18.03.2020 [101-102].

[93] Affidavit of Ms Jasko sworn 18.03.2020 [103-104].

[94] Affidavit of Ms Jasko sworn 18.03.2020 [106].

[95] Affidavit of Ms Jasko sworn 18.03.2020 [106].

[96] FACS 69ZA material, page 4 of 5, Tab M4

[97] Affidavit of Ms Jasko sworn 18.03.2020 [110].

[98] Affidavit of Ms Jasko sworn 18.03.2020 [107].

[99] Affidavit of Ms Jasko sworn 18.03.2020 [108].

[100] Affidavit of Ms Jasko sworn 18.03.2020 [146.3].

[101] NSW Police, 69ZW material, Tab M18

[102] FACS 69ZW material, page 4 of 5, Tab M4

[103] NSW Police, 69ZW material, Tab M4

[104] FACS 69ZW material, page 4 of 5, Tab M4

[105] Affidavit of Ms Jasko sworn 18.03.2020 [146.2].

[106] Affidavit of Ms Jasko sworn 18.03.2020 [111].

[107] Affidavit of Ms Jasko sworn 18.03.2020 [112].

[108] Affidavit of Ms Jasko sworn 18.03.2020 [81].

[109] Subpoena to Dr B, Sleeve 3, Tab M2

[110] Subpoena to Dr B, Sleeve 3, Tab M5

[111] NSW Police, 69ZW material, Tab M17

[112] Affidavit of Ms Jasko sworn 18.03.2020 [83].

[113] Affidavit of Ms Jasko sworn 18.03.2020 [83-85].

[114] Affidavit of Ms Jasko sworn 18.03.2020 [86].

[115] Affidavit of Ms Jasko sworn 18.03.2020 [88-89].

[116] Affidavit of Ms Jasko sworn 18.03.2020 [18].

[117] Affidavit of Ms Jasko sworn 18.03.2020 [115].

[118] Affidavit of Ms Jasko sworn 18.03.2020 [116].

[119] FACS 69ZW material Tab M4

[120] FACS, 69ZW material, Tab M4

[121] Affidavit of Ms Jasko sworn 18.03.2020 [114].

[122] Affidavit of Ms Jasko sworn 18.03.2020 [114].

[123] FACS 69ZW material, Tab M3

[124] Affidavit of Ms Jasko sworn 18.03.2020 [117].

[125] FACS 69ZW material, Tab M3

[126] Affidavit of Ms Jasko sworn 18.03.2020 [118].

[127] Subpoena to Dr B, Sleeve 3, Tab M9

[128] Subpoena to Ms C, Sleeve 4, Tab M43

[129] Affidavit of Ms Jasko sworn 18.03.2020 [122].

[130] Affidavit of Ms Jasko sworn 18.03.2020 [123].

[131] Affidavit of Ms Jasko sworn 18.03.2020 [123].

[132] Subpoena to Ms C, Sleeve 4, Tab M44

[133] Subpoena to Ms C, Sleeve 4, Tab M45

[134] NSW Police 69ZW material, Tab M15

[135] Affidavit of Ms Jasko sworn 18.03.2020 [119].

[136] Affidavit of Ms Jasko sworn 18.03.2020 [119].

[137] NSW Police 69ZW material, Tab M14

[138] Subpoena to Region K Local Health District, Sleeve 3, Tab M54

[139] Subpoena to Region K Health Service, Sleeve 3, Tab M55

[140] Affidavit of Ms Jasko sworn 18.03.2020 [124].

[141] Affidavit of Ms Jasko sworn 18.03.2020 [125].

[142] Affidavit of Ms Jasko sworn 18.03.2020 [126].

[143] Affidavit of Ms Jasko sworn 18.03.2020 [128].

[144] Affidavit of Ms Jasko sworn 18.03.2020 [130].

[145] Affidavit of Ms Jasko sworn 18.03.2020 [131].

[146] Affidavit of Ms Jasko sworn 18.03.2020 [121].

[147] Affidavit of Ms Jasko sworn 18.03.2020 [140].

[148] Affidavit of Ms Jasko sworn 18.03.2020 [129].

[149] Affidavit of Ms Jasko sworn 18.03.2020 [133].

[150] NSW Police 69ZW material, Tab M13

[151] Affidavit of Ms Jasko sworn 18.03.2020 [127.1].

[152] Affidavit of Ms Jasko sworn 18.03.2020 [127.2].

[153] Affidavit of Ms Jasko sworn 18.03.2020 [120].

[154] Affidavit of Ms Jasko sworn 18.03.2020 [127.3].

[155] Affidavit of Ms Jasko sworn 18.03.2020 [90].

[156] Affidavit of Ms Jasko sworn 18.03.2020 [147].

[157] Affidavit of Ms Jasko sworn 18.03.2020 [91].

[158] Subpoena to Town A Public School, Sleeve 6, Tab M37

[159] Affidavit of Ms Jasko sworn 18.03.2020 [132].

[160] Affidavit of Ms Jasko sworn 18.03.2020 [134].

[161] Affidavit of Ms Jasko sworn 18.03.2020 [135].

[162] Affidavit of Ms Jasko sworn 18.03.2020 [136].

[163] Affidavit of Ms Jasko sworn 18.03.2020 [137].

[164] Affidavit of Ms Jasko sworn 18.03.2020 [145].

[165] Affidavit of Ms Jasko sworn 18.03.2020 [142].

[166] Affidavit of Ms Jasko sworn 18.03.2020 [143].

[167] Affidavit of Ms Jasko sworn 18.03.2020 [144].

[168] Affidavit of Ms Jasko sworn 18.03.2020 [141].

[169] Affidavit of Ms Jasko sworn 18.03.2020 [138].

[170] Affidavit of Ms Jasko sworn 18.03.2020 [92].

[171] Affidavit of Ms Jasko sworn 18.03.2020 [94-95].

[172] Affidavit of Ms Jasko sworn 18.03.2020 [150].

[173] NSW Police, 69ZW material, Tab M12

[174] Affidavit of Ms Jasko sworn 18.03.2020 [145].

[175] NSW Police 69ZW material, Tab M11

[176] Affidavit of Ms Jasko sworn 18.03.2020 [152].

[177] Affidavit of Ms Jasko sworn 18.03.2020 [152].

[178] Affidavit of Ms Jasko sworn 18.03.2020 [151].

[179] Affidavit of Ms Jasko sworn 18.03.2020 [154].

[180] Affidavit of Ms Jasko sworn 18.03.2020 [155].

[181] FACS 69ZW material, Tab M1

[182] NSW Police 69ZW material, Tab M7

[183] Subpoena to Region K Local Health District, Sleeve 3, Tab M53

[184] Affidavit of Ms Jasko sworn 18.03.2020 [155].

[185] Affidavit of Ms Jasko sworn 18.03.2020 [156].

[186] Affidavit of Ms Jasko sworn 18.03.2020 [156].

[187] Affidavit of Ms Jasko sworn 18.03.2020 [157].

[188] Affidavit of Ms Jasko sworn 18.03.2020 [158].

[189] Affidavit of Ms Jasko sworn 18.03.2020 [159].

[190] Affidavit of Ms Jasko sworn 18.03.2020 [160].

[191] Affidavit of Ms Jasko sworn 18.03.2020 [8].

[192] Subpoena to Corrective Services, Sleeve 8, Tab M29

[193] Affidavit of Ms Jasko sworn 18.03.2020 [162].

[194] Affidavit of Ms Jasko sworn 18.03.2020 [9]; and

[195] NSW Police 69ZW material, Tab M6

[196] Subpoena to Town A Public School, Sleeve 6, Tab M40

[197] Affidavit of Ms Jasko sworn 18.03.2020 [163].

[198] NSW Police 69ZW material, Tab M5

[199] Subpoena to Corrective Services, Sleeve 8, Tab M18

[200] Subpoena to Corrective Services, Sleeve 8, Tab M30

[201] Affidavit of Ms Jasko sworn 18.03.2020 [164].

[202] Affidavit of Ms Jasko sworn 18.03.2020 [10]; and

[203] Subpoena to Corrective Services, Sleeve 8, Tab M13

[204] Subpoena to Corrective Services, Sleeve 8, Tab M15

[205] Subpoena to Corrective Services, Sleeve 8, Tab M17

[206] Subpoena to Corrective Services, Sleeve 8, Tab M16

[207] Subpoena to Town A Public School, Sleeve 6, Tab M39

[208] NSW Police 69ZW material, Tab M10

[209] Affidavit of Ms Jasko sworn 18.03.2020 [166].

[210] Affidavit of Ms Jasko sworn 18.03.2020 [168].

[211] Affidavit of Ms Jasko sworn 18.03.2020 [169].

[212] Subpoena to Ms C, Sleeve 4, Tab M47

[213] Subpoena to DCJ, Sleeve 9, Tab M66

[214] Subpoena to DCJ, Sleeve 9, Tab M77

[215] Subpoena to DCJ, Sleeve 9, Tab M76

[216] Subpoena to DCJ, Sleeve 9, Tab M75

[217] Subpoena to DCJ, Sleeve 9, Tab M74

[218] Affidavit of Ms Jasko sworn 18.03.2020 [140].

[219] Affidavit of Ms Jasko sworn 18.03.2020 [188].

[220] Affidavit of Ms Jasko sworn 18.03.2020 [171].

[221] Affidavit of Ms Jasko sworn 18.03.2020 [172].

[222] Affidavit of Ms Jasko sworn 18.03.2020 [173].

[223] Affidavit of Ms Jasko sworn 18.03.2020 [174].

[224] Affidavit of Ms Jasko sworn 18.03.2020 [177].

[225] Affidavit of Ms Jasko sworn 18.03.2020 [178].

[226] Affidavit of Ms Jasko sworn 18.03.2020 [179 - 180].

[227] Subpoena to Ms C, Sleeve 4, Tab M48

[228] Affidavit of Ms Jasko sworn 18.03.2020 [181].

[229] Affidavit of Ms Jasko sworn 18.03.2020 [183].

[230] Affidavit of Ms Jasko sworn 18.03.2020 [183].

[231] Subpoena to Dr B, Sleeve 12, Tab M64

[232] Subpoena to Dr B, Sleeve 3, Tab M1

[233] Subpoena to DCJ, Sleeve 9, Tab M65

[234] Affidavit of Ms Jasko sworn 18.03.2020 [11].

[235] Affidavit of Ms Jasko sworn 18.03.2020 [185].

[236] Affidavit of Ms Jasko sworn 18.03.2020 [189].

[237] Affidavit of Ms Jasko sworn 18.03.2020 [192].

[238] Affidavit of Ms Jasko sworn 18.03.2020 [193].

[239] Subpoena to DCJ, Sleeve 9, Tab M73

[240] Subpoena to DCJ, Sleeve 9, Tab M72

[241] Affidavit of Ms Jasko sworn 18.03.2020 [199].

[242] Subpoena to DCJ, Sleeve 9, Tab M71

[243] Subpoena to DCJ, Sleeve 9, Tab M70

[244] Affidavit of Ms Jasko sworn 18.03.2020 [200].

[245] Affidavit of Ms Jasko sworn 18.03.2020 [201].

[246] Affidavit of Ms Jasko sworn 18.03.2020 [203].

[247] Affidavit of Ms Jasko sworn 18.03.2020 [204].

[248] Affidavit of Ms Jasko sworn 18.03.2020 [101].

[249] Subpoena to DCJ, Sleeve 9, Tab M69

[250] Subpoena to DCJ, Sleeve 9, Tab M68

[251] Subpoena to DCJ, Sleeve 9, Tab M67

[252] Affidavit of Ms Jasko sworn 18.03.2020 [205].

[253] Affidavit of Ms Jasko sworn 18.03.2020 [206].

[254] Affidavit of Ms Jasko sworn 18.03.2020 [18].

Affidavit of Ms Jasko sworn 18.03.2020 [161]Affidavit of Ms Jasko sworn 18.03.2020 [165].

[2020] FCCA 990

7 May 2020

Key Legal Topics

Areas of Law

Family Law

Equity & Trusts

Legal Concepts

Jurisdiction