FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Keneally & Neaves [2024] FedCFamC2F 438
File number(s): NCC 3279 of 2021 Judgment of: JUDGE BETTS Date of judgment: 15 March 2024 Catchwords: FAMILY LAW – Parenting – one child, aged 6 – where the parents were in a drug-fuelled and violent relationship – where the father has not spent any time with the child since late 2020 – where the maternal grandparents have provided a great deal of care and support to the child – where the father seeks supervised time graduating to substantial and significant time – where the mother seeks that the father has no time and no communication with the child and that the child lives with her – where the maternal grandparents seek that the child live with the mother unless the Court considers she would pose an unacceptable risk of harm, in which case they would then seek the child live with them – where the Court considers that the child should live with the mother and share parental responsibility with the maternal grandparents – where the Court considers that the father should spend no time and no communication with the child – best interests of the child. Legislation: Family Law Act1975 (Cth), Pt VII Cases cited: Keane & Keane [2021] FamCAFC 1 Division: Division 2 Family Law Number of paragraphs: 244 Date of last submission/s: 21 February 2024 Date of hearing: 19, 20 and 21 February 2024 Place: Newcastle Counsel for the Applicant: Mr Brady Solicitors for the Applicant: Toronto Legal Counsel for the First Respondent: Mr Guyder Solicitors for the First Respondent: Harpers Legal Counsel for the Second Respondents: Mr Allen Solicitors for the Second Respondents: Grace Family Law Solicitors Counsel for the Independent Children’s Lawyer: Ms Beckett Solicitors for the Independent Children’s Lawyer: Jennifer Blundell and Associates ORDERS
NCC 3279 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR KENEALLY
Applicant
AND: MS NEAVES
First Respondent
MR ROBERTS & MS ROBERTS
Second Respondents
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
15 MARCH 2024
THE COURT ORDERS THAT:
1.All prior parenting Orders be discharged.
2.The First Respondent Mother and the Second Respondent Maternal Grandparents (or either of them) have shared equal parental responsibility for the child X born in 2018 (“the child”).
3.The child live with the Mother.
4.The child spend no time and have no communication with the Father.
5.Pursuant to section 68B of the Family Law Act1975, the Father is restrained from:
(a)Contacting or communicating with the child, including by social media or through a third party;
(b)Spending time with the child;
(c)Approaching the child or the Mother;
(d)Approaching or attending at any school/s that the child attends, or at any place the child or the Mother may reside;
(e)Removing the child from the care of any person or organisation (including any extra-curricular care provider) with whom the Mother or Maternal Grandparents have placed the child.
6.The Mother and the…
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- [2024] FedCFamC2F 438
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CaseChat Overview and Summary
The court considered the history of violence and drug use in the parents' relationship, as well as the significant role played by the maternal grandparents. It determined that the child should live with Ms Neaves, with shared parental responsibility between her and the maternal grandparents. The court ruled that Mr Keneally should have no contact with the child, citing the history of violence and drug use. It also imposed restrictions on Ms Neaves to ensure the child's safety, including requirements for her to provide mental health compliance letters and to notify the maternal grandparents of certain events.
The court's reasoning was grounded in the paramount consideration of the child's best interests, taking into account the safety, welfare, and overall wellbeing of X. The decision reflected the importance of a stable and supportive environment, with specific measures to mitigate risks posed by Ms Neaves. The final orders discharged all prior parenting orders, established shared parental responsibility, and prohibited contact with Mr Keneally. Ms Neaves was also required to comply with specific conditions to ensure the child's safety.
Orders
Orders of the court
NCC 3279 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR KENEALLY
Applicant
AND:
MS NEAVES
First Respondent
MR ROBERTS & MS ROBERTS
Second Respondents
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
15 MARCH 2024
THE COURT ORDERS THAT:
1. All prior parenting Orders be discharged.
2. The First Respondent Mother and the Second Respondent Maternal Grandparents (or either of them) have shared equal parental responsibility for the child X born in 2018 (“the child”).
3. The child live with the Mother.
4. The child spend no time and have no communication with the Father.
5. Pursuant to section 68B of the Family Law Act 1975, the Father is restrained from:
(a) Contacting or communicating with the child, including by social media or through a third party;
(b) Spending time with the child;
(c) Approaching the child or the Mother;
(d) Approaching or attending at any school/s that the child attends, or at any place the child or the Mother may reside;
(e) Removing the child from the care of any person or organisation (including any extra-curricular care provider) with whom the Mother or Maternal Grandparents have placed the child.
6. The Mother and the Maternal Grandparents are at liberty to provide a copy of these Orders to any school attended by the child and to any other person or organisation referred in the preceding Order.
7. Pursuant to section 68B of the Family Law Act 1975, the Mother is restrained from:
(a) At any time when the child is in her care, possessing, consuming or being in any way affected by, any illicit substance or any prescription medication that has not been otherwise properly prescribed to her;
(b) Knowingly exposing the child to “family violence” at any time when the child is in her care. For the purposes of this Order “family violence” is defined in section 4AB of the Family Law Act 1975, a copy of which section is attached to these Orders.
8. It is a condition on the child living with the Mother that:
(a) If requested by the Maternal Grandparents, the Mother is to provide the Maternal Grandparents with a letter from her treating General Practitioner confirming that she is compliant with any relevant mental health plan, with the Mother being required to provide her General Practitioner with a copy of these Orders and notify the Maternal Grandparents in the event she changes her General Practitioner;
(b) If requested by the Maternal Grandparents, the Mother is to deliver the child to the Maternal Grandparents or otherwise allow the Maternal Grandparents to collect the child from her at any time in the event that the Maternal Grandparents express concerns to her about the child’s safety and wellbeing.
(c) The Mother is to notify the Maternal Grandparent’s within twelve (12) hours of the following:
(i) NSW Police or the Department of Communities and Justice attending the Mother’s residence;
(ii) NSW Police or the Department of Communities and Justice interviewing the Mother or the child;
(iii) NSW Police or the Department of Communities and Justice removing the child from the Mother’s care; or
(iv) The Mother being charged with, or convicted of, any criminal offences.
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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