Keymer & Keymer (No 2)

[2023] FedCFamC1F 485

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Keymer & Keymer (No 2) [2023] FedCFamC1F 485

File number(s):

BRC 976 of 2019

Judgment of:

GILL J

Date of judgment:

16 June 2023

Catchwords:

 FAMILY LAW – PARENTING – Family violence by the mother against the father – Emotional abuse by the mother – Unreliable allegations by the mother against the father – Manipulation of the child to further conflict between the parties – Consideration of the risk of mother spending time with the child balanced with the benefit of a meaningful relationship – Order for recognition time with the mother – Injunction heavily restraining mother’s communication with child – Time spent with mother to be determined by taking into account child’s wishes after a certain age  

Legislation:

Family Law Act 1975 (Cth) - ss 60B, 60CA, 60CC, 65DAA, 69ZW, 102NA

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 - r 10.6

Cases cited:

Eastley & Eastley [2022] FedCFamC1A 101

Isles & Nelissen [2022] FedCFamC1A 97

Jollie & Dysart [2014] FamCAFC 149

M v M (1988) 166 CLR 69

Malburon v Waldlow [2013] FamCAFC 191

Marsden & Winch (No 3) [2007] FamCA 1364

Phillips & Hansford (2019) 60 Fam LR 160

Division:

Division 1 First Instance

Number of paragraphs:

129

Date of hearing:

5-8 June 2023

Place:

Canberra

Solicitor for the Applicant:

Litigant in Person

Counsel for the Respondent:

Mr Haddock

Solicitor for the Respondent:

KPW Lawyers

Solicitor for the Independent Children's Lawyer:

Ms Cruise, Legal Aid, ACT

ORDERS

BRC 976 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS KEYMER

Applicant

AND:

MR KEYMER

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:	GILL J
DATE OF ORDER:	16 JUNE 2023

THE COURT ORDERS:

1.That all previous parenting orders be discharged.

Parental Responsibility

2.That the respondent father (‘the father’) have sole parental responsibility for the child X, born 2011 (‘the child’).

3.That the father have sole parental responsibility for the purpose of applying for a passport to be issued for the child from the Department of Foreign Affairs and Trade of the Commonwealth of Australia pursuant to section 11(1)(b)(i) of the Australian Passports Act 2005 or renewing a passport for the child, without the consent of the mother, and has leave pursuant to section 65Y(2)(b) of the Family Law Act 1975 to take the child outside of the Commonwealth of Australia or permit the child to travel outside of the Commonwealth of Australia.

Lives with/spends time with

4.That the child live with the father.

5.That, until the child reaches the age of 15 years, the child spend time with the mother as follows:

(a)On one (1) occasion every three (3) months for no less than 4 hours on the following basis:

(i)The time to be professionally supervised by an agreed professional supervisor or, failing agreement, to occur at the D Contact Centre in City A;

(ii)The costs of the supervision to be shared equally between the parents; and

(iii)The first occasion will occur on…