Kavran & Vinko (No 4)

Case [2024] FedCFamC2F 184


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Kavran & Vinko (No 4) [2024] FedCFamC2F 184

File number(s): PAC 616 of 2022
Judgment of: JUDGE STREET
Date of judgment: 16 February 2024 
Catchwords: FAMILY LAW - PARENTING – child 11 – parenting capacity of father - live with mother- mother sole parental responsibility - spend time with and communicate with father in accordance with child’s wishes  
Legislation:

 Evidence Act 1995 (Cth)

Family Law Act 1975 (Cth)

Cases cited:

A v A (1998) FLC 92-800

Cotton & Cotton (1983) FLC 91-330

Deiter & Deiter [2011] FamCAFC 82

Director General, Department of Family and Community Services (NSW) and the Colt Children [2013] NSWChC 5

Fitzwater & Fitzwater (2019) 60 Fam LR 212

Isles & Nelissen (2022) FLC 94-092

Johnson & Page (2007) FLC 93-344

Jurchenko & Foster (2014) FLC 93-598

Loddington & Derringford (No 2) [2008] FamCA 925

M v M (1988) 166 CLR 69

Masson v Parsons (2019) 266 CLR 554

McCall & Clark (2009) FLC 93-405

N v S (1996) FLC 92-655

Napier & Hepburn (2006) FLC 93-303

Nikolakis & Nikolakis [2010] FamCAFC 52

Stott & Holgar [2017] FamCAFC 152

Division: Division 2 Family Law
Number of paragraphs: 142
Date of hearing: 1 & 2 August 2023
4 October 2023
5, 6 & 9 February 2024
Counsel for the Applicant: Mr L Teoh
Solicitor for the Applicant: G & L Law Group
Counsel for the Respondent: Mr D Blackah
Solicitor for the Respondent: Marsdens Law Group
Counsel for the Independent Children’s Lawyer: Mr K Francis
Independent Children’s Lawyer: Laura K Law

ORDERS

PAC 616 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KAVRAN

Applicant

AND:

MR VINKO

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

16 FEBRUARY 2024

THE COURT ORDERS THAT:

1.All earlier parenting orders are vacated.

2.The mother shall have sole parental responsibility for the child, X (born 2012) (“the Child”).

3.The Child shall live with the mother.

4.The Child shall communicate and spend time with the father in accordance with her wishes.

5.The father is not to initiate calls, text or other communication on the Child’s phone or any other communication device or digital application unless expressly requested by the Child on a specific occasion to do so.

6.All communications between the mother and the father in relation to the Child is to be through the MyMob application and the parties are to take all necessary steps to download that application within 7 days.

7.That the mother do all reasonable things to provide the following information through the MyMob application to ensure that the Father is informed of:

(a)The address at which the Child resides;

(b)The School that the Child attends, and

(c)Any important medical information, hospitalisation or significant developmental treatments or therapy in respect of the Child.

8.The mother and father are both restrained from:

(a)Denigrating each other or any member of the other’s respective family within the presence or hearing of the Child;

(b)Making critical…

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AGLC
Kavran & Vinko (No 4) [2024] FedCFamC2F 184
Case
[2024] FedCFamC2F 184
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia heard a case between Ms Kavran and Mr Vinko regarding the parenting of their child, X, born in 2012. The primary issue before the court was the allocation of parental responsibility and the arrangements for the child to spend time and communicate with both parents. The court had to determine the best living arrangements for the child, considering her age and wishes, and the capacity of each parent to provide for the child's needs. Additionally, the court needed to address the method and conditions of communication between the child and the father, and the exchange of information regarding the child's welfare and schooling.

In reaching its decision, the court considered the child's age and maturity, the parents' ability to provide a stable and nurturing environment, and the child's expressed wishes. The court noted that the child, being 11 years old, had the capacity to express her views and preferences regarding her living arrangements and contact with the father. The court was satisfied that the mother was best placed to have sole parental responsibility, ensuring the child's residence with her and respecting the child's wishes for communication and contact with the father. The court emphasised the importance of maintaining open lines of communication through a designated application, MyMob, to facilitate the exchange of necessary information between the parents. The court also imposed restrictions on the parents to protect the child from exposure to negative interactions and discussions about family law matters.

The court's final orders included granting sole parental responsibility to the mother, with the child living with her. The child was allowed to spend time and communicate with the father in accordance with her wishes, subject to specific conditions such as the use of MyMob for communication and the prohibition of direct communication initiated by the father. The orders also included provisions for the exchange of information regarding the child's schooling and health, and restrictions on the parents' conduct to shield the child from harmful interactions. The court also ordered that the Independent Children's Lawyer be discharged after explaining the orders to the child.

The court reserved the decision on costs between the parties and made no order regarding the costs of the Independent Children's Lawyer. The form of the orders was subject to entry in the court's records, with provisions for potential review or variation.

Orders

Orders of the court

PAC 616 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KAVRAN

Applicant

AND:

MR VINKO

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

16 FEBRUARY 2024

THE COURT ORDERS THAT:

1. All earlier parenting orders are vacated.

2. The mother shall have sole parental responsibility for the child, X (born 2012) (“the Child”).

3. The Child shall live with the mother.

4. The Child shall communicate and spend time with the father in accordance with her wishes.

5. The father is not to initiate calls, text or other communication on the Child’s phone or any other communication device or digital application unless expressly requested by the Child on a specific occasion to do so.

6. All communications between the mother and the father in relation to the Child is to be through the MyMob application and the parties are to take all necessary steps to download that application within 7 days.

7. That the mother do all reasonable things to provide the following information through the MyMob application to ensure that the Father is informed of:

(a) The address at which the Child resides;

(b) The School that the Child attends, and

(c) Any important medical information, hospitalisation or significant developmental treatments or therapy in respect of the Child.

8. The mother and father are both restrained from:

(a) Denigrating each other or any member of the other’s respective family within the presence or hearing of the Child;

(b) Making critical comments about the other or any member of the other’s respective family within the presence or hearing of the Child;

(c) Speaking with the Child about these Court proceedings;

(d) Discussing with the Child family law matters including matters relating to child support; and

(e) Shall make their best efforts to ensure that no other party makes any denigrating, critical or derogatory remarks about the other party or their respective family, discusses these proceedings, or speaks about family law matters within the presence or hearing of the Child.

9. The mother and father are not to engage in any physical or corporal punishment of the Child or to permit anyone else to do so.

10. That the mother authorise any school, at which the Child is enrolled by the mother to provide to the father:

(a) Copies of all half year or yearly reports of the Child to both the mother and the father; and

(b) Copies of all order forms for school photographs to both the mother and the father;

provided that should the provision of such reports or photographs to the father entail any cost, the father shall be responsible for all such payments to the school and providing a copy of these orders shall be deemed to be such authorisation to the school.

11. That the mother advise the father in writing through the MyMob application within 7 days of the Child being enrolled in any new school including the details and address of such school.

12. The ICL is discharged from these proceedings after these orders have been explained to the Child by the ICL.

13. The costs between parties are reserved.

14. No order as to costs in respect of the ICL.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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