FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Krupi & Krupi (No 5) [2023] FedCFamC2F 1526
File number(s): CAC 664 of 2022 Judgment of: JUDGE MANSFIELD Date of judgment: 30 November 2023 Catchwords: FAMILY LAW – PARENTING – Final Orders – One child 14 years of age – Where mother presents as unacceptable risk of serious psychological harm to the child – Where there are cogent reasons to justify indefinite supervision Legislation: Family Law Act 1975 (Cth) ss 4, 4AB, 60B, 60CA, 60CC, 60CC(2A), 60CC(2), 60CC(2)(a), 60CC(2)(b), 60CC(3), 60CG, 61DA, 65D, 65DAB, 102F, 102NA
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 3.12
Cases cited: B and B (1993) FLC 92-357
Betros & Betros [2017] FamCAFC 90
Blinko & Blinko [2015] FamCAFC 146
Halloran & Keats [2023] FedCFamC1A 56
Isles & Nelissen [2022] FedCFamC1A 97
M v M (1988) 166 CLR 69; [1988] HCA 68
Malburon v Waldlow [2013] FamCAFC 191
Krupi & Krupi (No 4) [2023] FedCFamC2F 147
Rice & Asplund (1979) FLC 90-725
Division: Division 2 Family Law Number of paragraphs: 120 Date of last submission/s: 24 November 2023 Date of hearing: 14 – 17 November 2023 Place: Canberra Counsel for the Applicant Mr Cameron Solicitor for the Applicant Hijazi Curran Cameron Lawyers Respondent Self-represented Counsel for the ICL Ms Harders Independent Children’s Lawyer Legal Aid ACT ORDERS
CAC 664 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR KRUPI
Applicant
AND: MS KRUPI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MANSFIELD
DATE OF ORDER:
30 NOVEMBER 2023
THE COURT ORDERS THAT:
1.All previous Orders made in these parenting proceedings be discharged except for any Orders with respect to costs.
Parental Responsibility
2.The Applicant Father shall have sole parental responsibility for the child X, born in 2009.
Living arrangements
3.X shall live with the Father.
Time between X and the Mother
4.Unless otherwise agreed between the parents in writing, X shall spend professionally supervised time with the Respondent Mother as follows:
(a)At C Child Contact Service in Canberra, or such other agreed professional supervision service should C Child Contact Service no longer be available;
(b)For two hours each alternate weekend at such times and on such days as can be accommodated by C Child Contact Service;
(c)With the parents to share the cost equally between them; and
(d)The supervision service is permitted to be provided with a copy of these Orders and reasons for judgment.
Restraints
5.The Mother is hereby restrained by injunction from contacting X by telephone (including SMS or any other messaging) or video, other than such contact initiated by X in accordance with her wishes, or as otherwise agreed between the parents in writing.
6.During any supervised time, telephone call, messaging and/or video communications between the Mother and X in accordance with these Orders, the Mother is hereby restrained by injunction from discussing with X any allegations the Mother has made regarding the Father in these proceedings.
7.Pursuant to Section 68B of the
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- Krupi & Krupi (No 5) [2023] FedCFamC2F 1526
- Case
- [2023] FedCFamC2F 1526
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the best interests of the child and the need for supervised contact between the child and the mother. The court had to weigh the allegations of psychological harm against the mother's rights to maintain a relationship with her child. Furthermore, the court needed to determine the necessity and extent of supervision required during any contact between the mother and the child.
The court found that the mother posed an unacceptable risk of serious psychological harm to the child, and that there were cogent reasons to justify indefinite supervision. Consequently, the court ordered that the father would have sole parental responsibility for the child, with the child living primarily with him. The mother was granted supervised visitation under strict conditions, including the requirement that any contact be facilitated by a professional supervision service. The court also imposed several restraints on the mother to protect the child from potential harm, including restrictions on direct communication and physical proximity to the child. Additionally, the father was granted permission to travel with the child internationally, with specific conditions to ensure the mother’s visitation rights were not unduly affected.
The final orders discharged all previous parenting orders except those relating to costs, granted sole parental responsibility to the father, and detailed specific conditions for supervised contact between the mother and the child. The father was also authorised to manage the child's passport and international travel, subject to certain conditions. The court’s decision underscored the paramount importance of the child's safety and well-being in determining parenting arrangements.
Orders
Orders of the court
CAC 664 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR KRUPI
Applicant
AND:
MS KRUPI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MANSFIELD
DATE OF ORDER:
30 NOVEMBER 2023
THE COURT ORDERS THAT:
1. All previous Orders made in these parenting proceedings be discharged except for any Orders with respect to costs.
Parental Responsibility
2. The Applicant Father shall have sole parental responsibility for the child X, born in 2009.
Living arrangements
3. X shall live with the Father.
Time between X and the Mother
4. Unless otherwise agreed between the parents in writing, X shall spend professionally supervised time with the Respondent Mother as follows:
(a) At C Child Contact Service in Canberra, or such other agreed professional supervision service should C Child Contact Service no longer be available;
(b) For two hours each alternate weekend at such times and on such days as can be accommodated by C Child Contact Service;
(c) With the parents to share the cost equally between them; and
(d) The supervision service is permitted to be provided with a copy of these Orders and reasons for judgment.
Restraints
5. The Mother is hereby restrained by injunction from contacting X by telephone (including SMS or any other messaging) or video, other than such contact initiated by X in accordance with her wishes, or as otherwise agreed between the parents in writing.
6. During any supervised time, telephone call, messaging and/or video communications between the Mother and X in accordance with these Orders, the Mother is hereby restrained by injunction from discussing with X any allegations the Mother has made regarding the Father in these proceedings.
7. Pursuant to Section 68B of the Family Law Act 1975, other than for the purposes of effecting a handover of X, the Mother is hereby restrained by injunction from approaching X, including coming within 100 meters of her place of residence with the Father (currently at D Street, Suburb E in the State of New South Wales), her school (currently J School) or any extra-curricular activities that X attends, other than with the express written consent of the Father.
8. Pursuant to Section 68B of the Family Law Act, the Mother is hereby restrained by injunction from contacting any medical practice or medical professional that X may attend from time to time, other than with the express written consent of the Father, and in the event that the Father provides his consent, the Mother is restrained by injunction from raising with that practice or professional any issues currently before the Court, including any allegations the Mother has made regarding the Father in these proceedings.
9. Both parents are restrained by injunction from physically disciplining X when in their respective care.
10. The parents are restrained from communicating with each other, other than by email, and only in relation to the welfare of X.
Passports and International Travel
11. Within seven days of a written request by the Father, both parents shall do all acts and things necessary to renew X’s Australian passport, as and when required, and/or apply for a new Australian passport (if that becomes necessary at any point), and the costs of the renewal/application shall be borne by the Father.
12. In the event the Respondent Mother will not comply with Order 11 above, the Father shall be permitted to apply for a passport for X without the consent of the Mother and pursuant to section 11 of the Australian Passports Act 2005.
13. X’s passport shall be held by the Father.
14. Pursuant to Section 65Y of the Family Law Act 1975, the Father is permitted to take or permit X to travel outside of the Commonwealth of Australia and for that purpose:
(a) If the proposed travel period encroaches upon the Mother’s time with X, then the Father shall provide make up time to the Mother, to occur in the next school holiday period after the travel period;
(b) Within 30 days of the date of departure, the Father shall provide to the Mother the proposed dates of departure and return for X and details of the destination, and contact details that X can be contacted on whilst overseas.
Provision of documents to mental health treatment providers
15. Copies of the following documents are permitted to be provided to any mental health treatment provider engaged for the purposes of providing treatment and management of any mental health issues for the Mother, the Father or X:
(a) The Family Report of Dr F dated 10 October 2022;
(b) The Report of Dr B dated 7 February 2023;
(c) These Orders and reasons for judgment.
Procedural
16. All outstanding applications are otherwise dismissed.
17. These proceedings are removed from the Court’s list of active cases/pending cases list.
18. The Independent Children’s Lawyer is 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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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