FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Kori & Georgene (No 3) [2024] FedCFamC1F 381
File number(s): BRC 16543 of 2020 Judgment of: BAUMANN J Date of judgment: 6 June 2024 Catchwords: FAMILY LAW – PARENTING – Where final orders had been made for a change of residence for the child to live with the father and interim orders for the child to spend supervised time with the mother – Where the mother has subsequently failed to adequately engage in the proceedings – Where the mother unlawfully removed the child from school causing a second recovery order to issue – Final parenting orders made with no prescription as to any particular arrangements for the child to spend time or communicate with the mother – Harmful proceeding order made Legislation: Family Law Act 1975 (Cth) ss 60B, 60CC, 65DAAA
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.13
Cases cited: Kori & Georgene [2023] FedCFamC1F 989
Kori & Georgene (No 2) [2024] FedCFamC1F 328
Division: Division 1 First Instance Number of paragraphs: 20 Date of hearing: 23 May 2024 Place: Brisbane Solicitor for the Applicant: Litigant in person (did not participate) Solicitor for the Respondent: Turnbull Mylne Solicitor for the Independent Children's Lawyer: Aylward Game Solicitors ORDERS
BRC16543 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS KORI
Applicant
AND: MR GEORGENE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
6 JUNE 2024
THE COURT ORDERS ON A FINAL BASIS:
1.That all previous parenting Orders be discharged.
2.That the father have sole parental responsibility for major long term decision for the child, X born 2015 (“the child”) but in the exercise of his sole parental responsibility he must inform the mother of any major long term decisions that he has made within five (5) days of doing so.
3.That notwithstanding the provision of Order 2, the father shall be responsible for the daily care, welfare and development of the child when the child is living with or spending time with him.
4.That in the event of an emergency, the parent the child is with will send a text message to the other parent informing them that there is an emergent situation and then telephone the other parent providing them with all relevant information including details of treating practitioner and/or hospital with the notifying parent to send an email within twenty four (24) hours confirming what has taken place.
Living arrangements
5.That the child live with the father.
Parental communication
6.That for the purposes of exchanging information with each other, the parents shall:
(a)communicate by telephone matters of an urgent nature in relation to the child; and
(b)communicate by email about day-to-day matters in relation the child.
7.That the parents keep each other informed of:
(a)any medical problems or illnesses suffered by the child whilst in their care;
(b)any medication that has been prescribed for the child; and
(c)any other matter relevant to the child’s welfare.
8.That…
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- AGLC
- Kori & Georgene (No 3) [2024] FedCFamC1F 381
- Case
- [2024] FedCFamC1F 381
- Decision Date
CaseChat Overview and Summary
The court considered the mother's lack of engagement and her actions that endangered the child's welfare. It was noted that Ms Kori had not participated meaningfully in the proceedings, and her unlawful removal of X from school demonstrated a disregard for the court's authority and the child's welfare. The court determined that final orders should not prescribe any particular arrangements for X to spend time or communicate with Ms Kori, given her past conduct. The court further found that a harmful proceeding order was appropriate due to the mother's behaviour.
The court made final parenting orders discharging all previous orders. It granted sole parental responsibility for major long-term decisions to the father, Mr Georgene, who was also given sole responsibility for the daily care, welfare, and development of X when the child was in his care. X was ordered to live with the father, with specific communication protocols between the parents for urgent and day-to-day matters. The mother was restrained from attending X's residence or school, communicating with X without the father's consent, removing X from the father's care, and obtaining a passport for X. Additionally, the mother was prohibited from instituting proceedings against the father without leave from the Court. The Independent Children's Lawyer was discharged.
The final orders underscore the court's emphasis on the child's safety and well-being, given the mother's actions. The measures taken to ensure X's protection and the father's sole care reflect the court's determination to prioritise the child's best interests in these complex circumstances.
Orders
Orders of the court
BRC16543 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS KORI
Applicant
AND:
MR GEORGENE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
6 JUNE 2024
THE COURT ORDERS ON A FINAL BASIS:
1. That all previous parenting Orders be discharged.
2. That the father have sole parental responsibility for major long term decision for the child, X born 2015 (“the child”) but in the exercise of his sole parental responsibility he must inform the mother of any major long term decisions that he has made within five (5) days of doing so.
3. That notwithstanding the provision of Order 2, the father shall be responsible for the daily care, welfare and development of the child when the child is living with or spending time with him.
4. That in the event of an emergency, the parent the child is with will send a text message to the other parent informing them that there is an emergent situation and then telephone the other parent providing them with all relevant information including details of treating practitioner and/or hospital with the notifying parent to send an email within twenty four (24) hours confirming what has taken place.
Living arrangements
5. That the child live with the father.
Parental communication
6. That for the purposes of exchanging information with each other, the parents shall:
(a) communicate by telephone matters of an urgent nature in relation to the child; and
(b) communicate by email about day-to-day matters in relation the child.
7. That the parents keep each other informed of:
(a) any medical problems or illnesses suffered by the child whilst in their care;
(b) any medication that has been prescribed for the child; and
(c) any other matter relevant to the child’s welfare.
8. That the parents advise each other of their current contact telephone numbers and inform each other of any changes to these details within seven (7) days of such change occurring.
9. That pursuant to s 114S of the Family Law Act 1975 (Cth) (“the Act”), the father be granted leave and shall provide to the child’s general practitioner and therapist a copy of these Orders and the Reasons for Judgment delivered 11 December 2023 and 6 June 2024.
Other orders
10. That during the time the child is with either parent, that parent shall:
(a) actively promote the child’s relationship with the other parent and speak of the other parent respectfully;
(b) respect the privacy of the other parent and not question the child about the personal life of the other parent;
(c) not denigrate or insult the other parent in the presence or hearing of the child and use their best endeavours to ensure that others do not-denigrate or insult the other parent in the hearing or presence of the child and shall remove the child from the presence and hearing of any third party who is doing so;
(d) not denigrate or insult the other parent on social networking media or sites, and
(e) not discuss the contents of this Order, these proceedings or parenting issues in the hearing or presence of the child and use their best endeavours to ensure that others do not discuss the contents of this Order, these proceedings or parenting issues in the hearing or presence of the child;
(f) not use any form of physical discipline on the child;
(g) not smoke in the presence of the child nor in confined spaces or a vehicle in which the child is located; and
(h) remove the child from the presence of any person who is using or under the influence of any illicit substance.
Airport Watch List
11. That until further Order or else subject to the written consent of both parents, each parent, MS KORI born in 1971 and MR GEORGENE born in 1981, their servants and/or agents be and are hereby restrained from removing or attempting to remove or causing or permitting the taking or sending of the child, X born 2015 from the Commonwealth of Australia until the child attains the age of sixteen (16) years.
12. That the Deputy Marshal of all officers of the Australian Federal Police and of the police forces of the various States and Territories are requested and empowered to take all necessary steps to give effect to these Orders, including all things necessary to include and retain the child’s name on the Airport Watch List in force at all points of arrival and departure in the Commonwealth of Australia, and to maintain the child’s name on the Watch List until further order of the Court, or authenticated written consent of both parents.
Injunctions
13. That the mother is hereby restrained from attending at the child’s residence, any school at which the child attends or other place where the mother knows the child is or may be.
14. That the mother is hereby restrained from communicating with the child by any means without the written consent of the father first had and obtained.
15. That the mother is hereby is restrained from removing the child from the care of the father without the written consent of the father first had and obtained.
16. That the mother is hereby restrained from obtaining an Australian or New Zealand passport for the child.
17. That pursuant to s 102QAC(1) of the Act, the mother, or any person acting in concert with the mother, is prohibited without leave from the Court, from instituting proceedings under the Act in a court having jurisdiction under the Act, against or in relation to the father.
18. That should the mother seek leave to institute proceedings pursuant to s 102QAE of the Act, the father is to be notified by the Court (by email):
(a) that an application has been made; and/or
(b) the outcome of the application.
19. That the Independent Children’s Lawyer be discharged.
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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