Kaube and Randall

[2018] FamCA 749

FAMILY COURT OF AUSTRALIA

KAUBE & RANDALL [2018] FamCA 749

FAMILY LAW – CHILDREN – Best interests – Where there are allegations that the father has perpetrated family violence in a number of relationships – Where the father admits to being a perpetrator of family violence – Where the mother has symptoms of anxiety and post-traumatic stress triggered by the father spending time with the child – Where there are concerns about the father’s alcohol use– Where the expert recommends that the father undergoes long term psychotherapy – Where the father has not sought to change his behaviour – Where the child has only spent supervised time with the father since she was an infant – Where it is in the best interests of the child to spend no time with the father – Where the mother has sole parental responsibility for the child – Identity contact – Absence of evidence concerning frequency of identity contact in family law context.

Family Law Act 1975 (Cth) ss 4, 60CC, 60CA 61C, 61DA
Evidence Act 1995 (Cth) s140(2)

Mazorski & Albright (2007) Fam LR 518
McCall & Clark (2009) FLC 93-405; 41 Fam LR 483; [2009] FamCAFC 92
G & C [2006] FamCA 994

APPLICANT: Ms Kaube

RESPONDENT: Mr Randall

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW Sydney

FILE NUMBER: PAC 5062 of 2014

DATE DELIVERED: 21 September 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Hannam J

HEARING DATE: 12 - 14 June 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Mahony of Counsel

SOLICITOR FOR THE APPLICANT: Adams & Partners Lawyers

COUNSEL FOR THE RESPONDENT: Mr Gardiner of Counsel

SOLICITOR FOR THE RESPONDENT: A R Walmsley and Co

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Ladopoulos of Counsel

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW Sydney

Orders

1. The child X, born … 2014 (“the child”) shall live with the mother.

2. The mother shall have sole parental responsibility for the child.

3. The father shall spend no time with the child.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Kaube & Randall has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 5062 of 2014

Ms Kaube

Applicant

And

Mr Randall

Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings concern four year old X (“the child”) the only child of Ms Kaube (“the mother”) and Mr Randall (“the father”).

2. The parties’ lengthy relationship of over 20 years ended in July 2014 when the child was three months old.  Since separation the child has…