FAMILY COURT OF AUSTRALIA
| KEANE & KEANE | [2020] FamCA 99 |
| FAMILY LAW – CHILDREN – Best interests – spend time arrangements for child – allocation of parental responsibility – father seeks shared parental responsibility and build-up of time with child from supervised to unsupervised time following a review – mother seeks sole parental responsibility and that child have no time with father – where mother makes allegations that child has been sexually abused by the father – where mother makes allegations of family violence and that child has been exposed to family violence – where mother alleges father presents an unacceptable risk of harm to child – where father has not spent time with child since child was eighteen months old – where father does not present an unacceptable risk of harm to the child – where the court must balance the risk of the mother’s parenting capacity diminishing if the child has a relationship with the father with the benefit to the child of this relationship – where therapeutic assistance may be required by the mother – orders made for the mother to have sole parental responsibility for the child and for the child to spend supervised and ultimately unsupervised time with the father – effect of COVID-19 on orders for supervised time. |
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| A & A (1998) FLC 92-800 Dasreef Pty Limited v Hawchar (2011) 243 CLR 588 Marra & Marra (Unreported, Full Court of the Family Court of Australia, 8 September 1993) Moose & Moose [2008] FamCAFC 108 |
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- AGLC
- Keane & Keane [2020] FamCA 99
- Case
- [2020] FamCA 99
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific terms of parental responsibility, where the child would live, and the nature and progression of the child's time spent with the father. This included establishing a detailed schedule for supervised and unsupervised contact, as well as outlining communication protocols and information sharing between the parents regarding the child's health and education.
McEvoy J made orders granting the mother sole parental responsibility and stipulating that the child live with her. The court established a phased approach for the child to spend time with the father, commencing with supervised visits at a contact service and gradually progressing to unsupervised overnight stays and a significant portion of school holidays. The orders also included provisions for changeovers, prohibitions on parental abuse in the child's presence, and requirements for ongoing communication and information sharing between the parents. The court further directed that legal representatives bring specific sections of the *Family Law Act 1975* (Cth) and the court's reasons to the parties' attention.
Orders
Orders of the court
1.
The mother have sole parental responsibility for the child.
2.
The child live with the mother.
3.
That within seven days of the re-opening of the B Contact Service (“BCS”) each party contact the BCS to undertake its assessment procedures.
4.
The child spend time with the father gradually progressing as follows:
(a) for eight fully supervised one hour visits at the BCS or as otherwise ordered on a weekly basis by way of reintroduction with specific days and times as proposed by the BCS or otherwise, then;
(b) for eight fully supervised two hour visits at the BCS or as otherwise ordered on a weekly basis by way of reintroduction with specific days and times as proposed by the BCS or otherwise, then;
(c) for eight semi-supervised visits for four hours at the BCS or as otherwise ordered on a weekly basis with specific days and times as proposed by the BCS or otherwise, then;
(d) from 2:30 pm until 5:00 pm each Wednesday and from 10:00 am until 3:00 pm each Saturday for a period of six weeks, then;
(e) from 2:30 pm until 5:00 pm each Wednesday and from 9:00 am until 5:00 pm each Saturday for a period of six weeks, then;
(f) from 2:30 pm until 5:00 pm each Wednesday and from 3:00 pm Friday until 5:00 pm Saturday each alternate weekend for six weeks, then;
(g) from 3:00 pm Friday until 5:00 pm Sunday and each alternate weekend thereafter and from 2:30 pm until 5:00 pm each Wednesday in the off week.
5.
Once the child commences school the child spend time with the father as follows:
(a) in week 1 – from 3:00 pm Wednesday to 9:00 am Thursday with the father or his agent to collect the child from and deliver the child to her school at the commencement and conclusion of the father’s time; and
(b) in week 2 – from 3:00 pm Friday until 9:00 am Monday, extending to 9:00 am Tuesday in the event of a student free day or long weekend, with the father or his agent to collect the child from and deliver the child to her school at the commencement and conclusion of the father’s time;
(c) for one half of all mid-term school holiday periods.
6.
For the purposes of changeover, unless otherwise outlined in these orders, changeovers occur at the BCS or in the event the Service is not available then outside the B Town Police Station by the parties or their agents unless otherwise agreed between the parties in writing.
7.
Neither parent shall abuse, demean or belittle the other party or members of the other party’s extended family in the presence or the hearing of the child.
8.
Each party shall keep the other informed as soon as practicable of any significant health or educational issues which impact on the child while she is in their care.
9.
In the event of a medical emergency with regard to the child, the parent who has first knowledge of it shall forthwith notify the other parent.
10.
Each party shall keep the other informed at all times as to their current mobile telephone number.
11.
Both parties are permitted to attend any and all kindergarten or school functions or events which allow for parental attendance, including but not limited to concerts, school assemblies, sports day and parent/teacher or social functions.
12.
Both parties are permitted to attend all extra-curricular activities in which the child participates.
13.
This order acts as an authority for any school or childcare facility which the child attends to provide information to both the mother and the father including but not limited to school reports, newsletters, photograph forms and updates.
14.
The parents will communicate with each other in relation to the child as follows:
(a) via telephone for any urgent matters;
(b) via SMS for non-urgent matters which requires a response within 24 hours; or
(c) via email for all non-urgent matters.
AND THE COURT DIRECTS THAT:
The parties’ legal representatives bring s 121 of the Family Law Act 1975 (Cth) and paragraphs 435-439 of the Court’s reasons for judgment to the attention of the parties at the time they advise the parties of these orders.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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