FAMILY COURT OF AUSTRALIA
| KINGLEY & ARNDALE | [2009] FamCA 1122 |
FAMILY LAW – CHILDREN – Interim parenting orders – Provision for selection of Contact Centre – Father permitted to bring additional people to each contact visit – Father permitted to take the Child offsite during contact visits – Both parents to attend blood testing – Adjourned for interim hearing
Family Law Act 1975 (Cth), ss 60CC, 69ZR
| APPLICANT: | Mr Kingley |
| RESPONDENT: | Ms Arndale |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Dart, Solicitor, Legal Aid Office |
| FILE NUMBER: | BRC | 1363 | of | 2008 |
| DATE DELIVERED: | 30 October 2009 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Barry J |
| HEARING DATE: | 30 October 2009 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Harrison of Counsel appeared for the Applicant Father |
| SOLICITORS FOR THE APPLICANT: | Smith & Associates |
| COUNSEL FOR THE RESPONDENT: | Mr George of Counsel appeared for the Respondent Mother |
| SOLICITORS FOR THE RESPONDENT: | John-Paul Mould Solicitors |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER | Ms Dart, Solicitor appeared as the Independent Children’s Lawyer |
Orders
IT IS ORDERED THAT:
The proceedings be listed as a half day hearing at 11.00 am on
3 December 2009at the Brisbane Registry of the Family Court.
Leave is given to the parties to inspect and copy material from the Court file, other than from the correspondence file.
Pursuant to rule 19.50 of the Family Law Rules 2004 this matter is one proper for the attendance of Counsel.
IT IS ORDERED UNTIL FURTHER ORDER THAT:
The parties make themselves available to attend upon Dr V for the preparation of a psychiatric assessment of each of them as directed by the Independent Children's Lawyer or Dr V.
The Independent Children’s Lawyer given leave to provide to Dr V (or any other specialist if required) any subpoenaed documentation or documentation from the Court file required to assist in the preparation of the psychiatrist assessments of the Mother and Father.
The Independent Children’s Lawyer given leave to file an affidavit by Dr V.
Following receipt of the psychiatric assessments, that pursuant to section 62G, a Family Report be prepared by Mr P and the parties do all acts and things necessary to ensure their and the child’s attendance upon the Family Consultant for the preparation of that Report.
The report writer has leave to read any filed documents together with any documents produced on subpoena.
All previous Orders be discharged.
The child, C, born … December 2006, live with the Mother.
Father’s Supervised Time with the Child
In the event the Mother declines to make the necessary arrangements for the child to be delivered to and collected from the O Contact Centre (the Mother being prohibited from attending such Centre), then the Independent Children’s Lawyer is authorised to select such other contact centre in the South East Queensland area as may be able to provide time for the Father to see the child on a weekly basis and the parties are required to attend such contact centre on the same terms and conditions as provided for in…
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- Kingley and Arndale [2009] FamCA 1122
- Case
- [2009] FamCA 1122
- Decision Date
CaseChat Overview and Summary
The court determined several key legal issues. These included the appropriate living arrangements for the child, the terms and conditions under which the father would have supervised time with C, and the necessity for psychiatric assessments and a family report to inform future decisions. The court also considered provisions for the child's communication with the father and the father's treatment for alcohol abuse. Furthermore, the court addressed the parties' obligations to participate in recommended courses and undergo random drug and alcohol testing, as well as the consequences of contravening the orders.
In its reasoning, the court applied principles of family law concerning the best interests of the child. It ordered that C live with the Mother and established detailed provisions for the Father's supervised time at a contact centre, including specific handover procedures and attendance rules for both parents and their representatives. The court also directed the parties to attend psychiatric assessments and a family report, and mandated the Father's attendance at treatment for alcohol abuse, with progress reports to be provided. Both parents were ordered to participate in recommended programs and undergo random drug and alcohol testing, with specific procedures for authorising the release of results. The court also included a standard annex detailing the obligations, consequences of contravention, and sources of assistance for the parties.
Orders
Orders of the court
IT IS ORDERED THAT:
1.
The proceedings be listed as a half day hearing at 11.00 am on
3 December 2009
at the Brisbane Registry of the Family Court.
2.
Leave is given to the parties to inspect and copy material from the Court file, other than from the correspondence file.
3.
Pursuant to rule 19.50 of the Family Law Rules 2004 this matter is one proper for the attendance of Counsel.
IT IS ORDERED UNTIL FURTHER ORDER THAT:
4.
The parties make themselves available to attend upon Dr V for the preparation of a psychiatric assessment of each of them as directed by the Independent Children's Lawyer or Dr V.
5.
The Independent Children’s Lawyer given leave to provide to Dr V (or any other specialist if required) any subpoenaed documentation or documentation from the Court file required to assist in the preparation of the psychiatrist assessments of the Mother and Father.
6.
The Independent Children’s Lawyer given leave to file an affidavit by Dr V.
7.
Following receipt of the psychiatric assessments, that pursuant to section 62G, a Family Report be prepared by Mr P and the parties do all acts and things necessary to ensure their and the child’s attendance upon the Family Consultant for the preparation of that Report.
8.
The report writer has leave to read any filed documents together with any documents produced on subpoena.
9.
All previous Orders be discharged.
10.
The child, C, born … December 2006, live with the Mother.
Father’s Supervised Time with the Child
11.
In the event the Mother declines to make the necessary arrangements for the child to be delivered to and collected from the O Contact Centre (the Mother being prohibited from attending such Centre), then the Independent Children’s Lawyer is authorised to select such other contact centre in the South East Queensland area as may be able to provide time for the Father to see the child on a weekly basis and the parties are required to attend such contact centre on the same terms and conditions as provided for in these Orders for the O Contact Centre save that the Father is not required to contribute to the Mother’s travel costs and paragraphs 21 to 25 are not to apply.
12.
The child shall spend time with the Father at the O Children's Contact Centre or such other contact centre as may be nominated by the Independent Children’s Lawyer pursuant to paragraph 11 hereof (“the Centre”) as follows:
a. for three (3) hours once in each week at times nominated by the Centre, with an additional visit to occur on Father’s Day, the child’s birthday and Christmas Day, or as close as possible to those days as the Centre can facilitate, subject to paragraphs 16 to 20 below.
13.
In the event the Centre offers supervised time only at times less regular than as specified in this Order then, unless the parties are otherwise able to agree in writing, such time shall occur as offered by the Centre.
14.
Should the time the child spends with the Father at the Centre vary by reason of the closure of the Centre during school or public holidays or on the Mother providing twenty-one (21) days written notice of the intention to travel with the child during school holidays for a period not longer than one (1) week, then in such event, unless there is agreement in writing to the contrary, the next occasion for the child to spend time with the Father shall occur at times when the services can be provided by the Centre.
15.
Both parties:
a. comply with any appointments made by the Centre for supervised time;
b. comply with all reasonable rules of the Centre and comply with all reasonable requests or directions of the staff of the Centre;
c. will not take any other person to the Centre, other than as provided for in paragraphs 21 and 27 hereof;
d. will not serve or arrange for service of documents on the other party at or in the vicinity of the Centre and/or at or about the time the parties attend the Centre;
e. will not discuss any matter which is the subject of, or relates to, Family Law proceedings whether past, present or future with the Centre staff in the presence or vicinity of the child;
f. will not criticise, denigrate, demean or ridicule each other or any member of the person’s family or household to the Centre staff or in the presence of the child; and
g. will not photograph or video tape the other party or allow their associates or agents to do so.
16.
The Co-ordinator of the Centre is requested within seven (7) days to provide to the parties or their legal representatives a schedule of the dates and times of the proposed visits.
17.
The parties will ensure that they do all acts and things necessary to ensure that the child spends time with her Father in accordance with the schedule.
18.
The parties negotiate any changes to the schedule which are necessary through their legal representatives and the Independent Children’s Lawyer will advise the Centre of any changes to be made.
19.
The parties are only to contact the staff of the Centre if a visit needs to be cancelled with such contact to be by email or in the event of an emergency by telephone.
20.
Unless any changes are agreed to by the parties, visits are otherwise to occur in accordance with the schedule provided pursuant to paragraph 16.
In the event the Father’s time with the child is to be spent at the O Contact Centre then paragraphs 21 to 25 are to specifically apply.
21.
The Mother shall arrange for someone to deliver the child to the Centre in sufficient time before the commencement of the Father’s time with the child and use her best endeavours to ensure that that person removes himself or herself from the Centre and its vicinity as soon as the handover occurs, and that he or she promptly leave the Centre and its vicinity at the conclusion of the Father’s time.
22.
The Father use his best endeavours to ensure that whoever delivers him to the Centre promptly leaves the Centre and its vicinity and only returns at the conclusion of the Father’s time.
23.
The Mother will not be present at the Centre at any time.
24.
The Mother’s representative will not use the R Street Entrance to the Centre.
25.
The Father will not be at the Front Entrance to the Centre at any time.
26.
The Father is to pay all costs associated with any attendance at the Centre as may be required by the Centre including any costs nominally payable by the Mother.
27.
Subject to the requirements of the Centre the Father be accompanied by no more than two (2) additional people whilst spending time with the child each scheduled visit to include the child's paternal grandparents and their respective partners, the Father’s partner, paternal aunt and her partner and the child's cousins, J, H and A.
28.
Each parent provide to the other party and the Centre no less than twenty-four (24) hours notice of non-attendance for any planned visit to the Centre together with a detailed explanation for such non-attendance.
29.
The Father’s time may be spent off-site if deemed appropriate by the staff of the Centre supervising the Father’s time.
30.
If during the currency of these Orders the parties and the Independent Children’s Lawyer agree in writing to vary these Orders the parties have leave to list the proceedings in Chambers for consent orders to be made.
31.
The child shall communicate with the Father by telephone each Wednesday and Sunday between 6.30 pm and 7.30 pm with the child to initiate the telephone call to the Father.
32.
The Father attend upon Dr E, psychiatrist, for treatment as directed regarding alcohol abuse and dependency.
33.
The Father obtain a report from Dr E as to the progress of his treatment and serve a copy of the same on the Mother or her solicitor and the Independent Children’s Lawyer by 1 March 2010.
34.
The Mother and the Father shall attend, fully participate in and complete such courses and programs as recommended by their individual health professionals (including but not limited to a parenting course, parenting orders program for high conflict families and anger management) and to provide evidence of completion of such courses to the Independent Children’s Lawyer and the other party or their solicitor.
35.
The Mother and Father shall undergo random blood tests of their Carbohydrate Deficient Transferren levels and a urine alcohol and drug screen as required by the Independent Children’s Lawyer, such tests to be undertaken within twenty-four (24) hours of a request being received, the costs of which are to be borne by the parties.
36.
Within seven (7) days of the date hereof, the parties provide to the Independent Children’s Lawyer, an authority authorising their general medical practitioner to provide the results of any drug or alcohol testing undertaken in accordance with a request, made in accordance with paragraph 35 hereof, direct to the Independent Children’s Lawyer.
37.
In the event the results of the drug and alcohol tests undertaken by the parties pursuant to paragraph 35 hereof are provided to the parties directly, such results are to be disclosed immediately upon receipt to the Independent Children’s Lawyer and the other party or their solicitor.
38.
Pursuant to s 62B and s 65DA(2), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders, and details of who can assist parties to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.
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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