FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kirsch & Pelzer [2025] FedCFamC2F 283
File number(s): PAC 6257 of 2021 Judgment of: JUDGE NEWBRUN Date of judgment: 6 March 2025 Catchwords: FAMILY LAW – PARENTING – Best interests of child. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CD, 60CE, 61D Cases cited: Banks & Banks (2015) FLC 93-637
Jollie & Dysart [2014] FamCAFC 149
LC & TC (1998) FLC 92-803
Tibb v Sheean (2018) 58 Fam LR 351
Division: Division 2 Family Law Number of paragraphs: 203 Date of hearing: 24 – 27 February 2025 Place: Parramatta Counsel for the Applicant: Ms Giacomo Solicitor for the Applicant: Shelly Legal Counsel for the Respondent: Mr Jackson Solicitor for the Respondent: Sharah & Associates Solicitors and Conveyancers Counsel for the Independent Children's Lawyer: Mr Gabrial Solicitor for the Independent Children's Lawyer: Laura K Law ORDERS
PAC 6257 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KIRSCH
Applicant
AND: MR PELZER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
6 MARCH 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1.The child X, born in 2019 (“the child”) spend no time with the father.
2.The child have no communication with the father, subject to Orders 3 to 5 below.
3.The father shall be permitted to send the child cards and gifts on the child’s birthday and at Christmas each year.
4.For the purposes of Order 3 above, the mother shall within 14 days of these Orders, provide an address including any PO Box for the father to send any cards and gifts.
5.For the purposes of Order 3 above, the mother shall provide to the child any cards and gifts sent by the father, however she shall be permitted to review any cards and gifts from the father and not provide them to the child if she considers them to be inappropriate in any way.
6.The mother is permitted to apply for an Australian passport for the child under the provisions of Section 11(1)(b)(i) of the Australian Passports Act 2005.
7.The mother shall be permitted by these Orders to do all acts and things and sign all documents necessary to apply for a passport for the child pursuant to Order 6 herein and including any subsequent renewal of a passport for the child and the father's consent to the issue of the said passport be dispensed with.
8.Pursuant to s 65Y(2), the mother be permitted to travel with the child out of the Commonwealth of Australia without the knowledge and consent of the father.
9.The mother forthwith do all things and sign all documents necessary to cause a change of the surname or family name of the child from "X Pelzer" to "X Kirsch" and otherwise do all things to ensure that the child use that new family/surname both formally and informally.
10.The mother be permitted to complete and submit the form titled "Application to register a change of…
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CaseChat Overview and Summary
Judge Newbrun considered the evidence presented by both parties, including the Independent Children's Lawyer's report. The judge concluded that the father's past conduct and the potential impact on the child warranted limited contact. The court found that it was not in the child's best interests for the father to have any direct time or communication with the child. However, the judge allowed for the father to send the child cards and gifts on special occasions, subject to the mother's discretion to review these for appropriateness.
As a result, the court issued an order that the child would have no time or communication with the father. The father was permitted to send cards and gifts on the child's birthday and at Christmas, with the mother providing an address for these to be sent. The mother was also authorised to apply for an Australian passport for the child, to change the child's surname, and to travel with the child overseas without the father's consent. These orders reflect the court's determination that the father's involvement should be minimal to protect the child's best interests.
Orders
Orders of the court
PAC 6257 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS KIRSCH
Applicant
AND:
MR PELZER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
6 MARCH 2025
ON A FINAL BASIS THE COURT ORDERS THAT:
1. The child X, born in 2019 (“the child”) spend no time with the father.
2. The child have no communication with the father, subject to Orders 3 to 5 below.
3. The father shall be permitted to send the child cards and gifts on the child’s birthday and at Christmas each year.
4. For the purposes of Order 3 above, the mother shall within 14 days of these Orders, provide an address including any PO Box for the father to send any cards and gifts.
5. For the purposes of Order 3 above, the mother shall provide to the child any cards and gifts sent by the father, however she shall be permitted to review any cards and gifts from the father and not provide them to the child if she considers them to be inappropriate in any way.
6. The mother is permitted to apply for an Australian passport for the child under the provisions of Section 11(1)(b)(i) of the Australian Passports Act 2005.
7. The mother shall be permitted by these Orders to do all acts and things and sign all documents necessary to apply for a passport for the child pursuant to Order 6 herein and including any subsequent renewal of a passport for the child and the father's consent to the issue of the said passport be dispensed with.
8. Pursuant to s 65Y(2), the mother be permitted to travel with the child out of the Commonwealth of Australia without the knowledge and consent of the father.
9. The mother forthwith do all things and sign all documents necessary to cause a change of the surname or family name of the child from "X Pelzer" to "X Kirsch" and otherwise do all things to ensure that the child use that new family/surname both formally and informally.
10. The mother be permitted to complete and submit the form titled "Application to register a change of name for a child (under 18)" as sole applicant and the father's consent to the change of name is dispensed with and that the Mother be authorised to apply to the Registrar Births, Deaths and Marriages that the child registered as X PELZER, born in 2019 now be registered as X KIRSCH, born in 2019.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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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