KASSIS & MCKINLEY

[2019] FCCA 2031

FEDERAL CIRCUIT COURT OF AUSTRALIA

KASSIS & MCKINLEY [2019] FCCA 2031

Catchwords:
FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39

Federal Circuit Court Rules 2001, r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Re W: Publication Application (1997) 137 FLR 205

Applicant: MS KASSIS

Respondent: MR MCKINLEY

File Number: PAC 5913 of 2016

Judgment of: Judge Newbrun

Hearing date: 14 June 2019

Date of Last Submission: 14 June 2019

Delivered at: Parramatta

Delivered on: 24 July 2019

REPRESENTATION

Solicitors for the Applicant: Ms Wilkins

Solicitors for the Respondent: Mr Takchi

Solicitors for the Independent Children's Lawyer: Mr Reeve

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 31 July 2019 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 5913 of 2016

MS KASSIS

Applicant

And

MR MCKINLEY

Respondent

REASONS FOR JUDGMENT

Introduction

1. The within Reasons for Judgment relate to the determination of the oral Application made by the Applicant mother on 14 June 2019 to transfer these parenting proceedings to the Parramatta Registry of the Family Court of Australia, such application being supported by the Independent Children’s Lawyer. 

2. The subject child is [X] born … 2010.

3. The father is aged 44 years and the mother is aged 48 years.

4. The parties cohabitation commenced in 2002.  The child was born in 2010.  The parties separated in June 2016.  The child lived with the mother during the week and spent every weekend with the father from June 2016 up until about January 2017.

5. Orders made by consent on 24 February 2017 provided for the child to reside with the mother and have contact with the father under supervision every second Saturday for two hours.

6. In about November 2018 the relevant supervisory organisation cancelled the father’s visits.  Presently the child is not spending time with the father.

7. The father has spent time in jail in respect to breaches of Apprehended Domestic Violence Orders.  The father told the Family Report writer that he has a criminal history of illicit substance use.

Issues in dispute

1. The issues in dispute include the following:

   a)the nature and extent of each parent’s relationship with each child;

   b)the nature and extent of alleged family violence perpetrated by the parties towards each other and towards the child, and the relevance of same for each party’s parenting capacity;

   c)the nature and extent of the father’s past breaches of apprehended domestic violence orders (the mother alleged 11 convictions of the father to date);

   d)the nature and extent of alleged illicit drug use (including whether or not the father has an ongoing illicit substance misuse dependency) and alcohol consumption by the parties;

   e)the parenting capacity of each party;

   f)the views of the child;

   g)the…