FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kruse & Boysen [2025] FedCFamC2F 523
File number(s): CRC 150 of 2023 Judgment of: JUDGE O'SHANNESSY Date of judgment: 19 March 2025 Catchwords: FAMILY LAW – Parenting – Parents separated shortly after birth of child – Where father initially sought orders for 2-year-old child to live with him and spend time with the mother – Father changes orders sought on third day of trial – Father then seeks joint decision making, child live with mother and spend time with father in graduated regime – Where mother facilitated time between father and child following separation – Where father made unreasonable demands for time whilst child still breastfeeding – Serious allegations made by father against mother and mother’s friend – Transactional nature of allegations raised by father against mother –– Father’s evidence found to be unreliable – Orders made largely as sought by mother. Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 60CA, 60CC, 114AB
Cases cited: Fox & Percy (2003) 214 CLR 118
Lainhart & Ellinson (2023) FLC 94-166; [2023] FedCFamC1A 200
Martoulis & Valas [2022] FedCFamC2F 1781
Willmore & Menendez [2022] FedCFamC1A 73
Division: Division 2 Family Law Number of paragraphs: 90 Date of hearing: 17 – 19 March 2025 Place: Coffs Harbour Counsel for the Applicant: Mr Coe Solicitor for the Applicant: Beneke Legal Pty Ltd Counsel for the Respondent: Mr Finch Solicitor for the Respondent: Wigmore O’Shannessy Solicitors & Attorney ORDERS
CRC 150 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KRUSE
Applicant
AND: MR BOYSEN
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
19 MARCH 2025
THE COURT ORDERS ON A FINAL BASIS THAT:
1.In so far as these orders refer to an obligation to do anything in writing, for the purpose of these orders the term “in writing” means by the communication tool known as “Appclose”, where that App is available, and if it is not by text message or email, and in the case of email advise the other party by text message that an email has been sent.
BY CONSENT:
2.That within fourteen (14) days of the date of these orders the Father, Mr Boysen (‘the Father’) enrol in and complete an in person:
2.1Circle of Security Program; and
2.2Men’s Behavioural Change program; and collectively referred to as ‘the Programs’.
3.The Father provide proof of enrolment in the programs to the Mother, Ms Kruse (‘the Mother’) upon enrolment, in writing and the Father provide proof of completion of these programs to the Mother upon completion in writing.
4.That the Father be and is restrained from reporting any complaint or concern about the Mother, and/or the welfare of the child, X born in 2022 (‘the child’) to Police and/or any child welfare authority or child care centre or kindergarten or school the child attends, without beforehand having:
4.1Taken legal advice; and
4.2Provided the Mother in writing with details of any complaint or concern; and
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- [2025] FedCFamC2F 523
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CaseChat Overview and Summary
The court found that the father's evidence was unreliable due to the transactional nature of the allegations and his unreasonable demands for time during the breastfeeding period. Consequently, the court made orders largely as sought by Ms Kruse. The child was to live with Ms Kruse, with Mr Boysen having supervised time at a contact centre for the first three months, followed by supervised time with the father's mother present, and then unsupervised time on Sundays. The mother had the right to cancel the father's time on three occasions per year with one month’s notice. The court also mandated communication tools, restricted the father from reporting complaints to authorities without prior notice to the mother, and imposed various restraints and injunctions to protect the child and ensure a harmonious co-parenting environment. Additionally, the father was restrained from using drugs or alcohol during his time with the child.
These orders were designed to ensure the child's safety and well-being, facilitate a stable environment, and promote a cooperative co-parenting relationship between the parties. The court's decisions were guided by the overarching principle of the child's best interests, taking into account the reliability of the father's allegations and the mother's efforts to facilitate contact between the father and the child.
Orders
Orders of the court
CRC 150 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS KRUSE
Applicant
AND:
MR BOYSEN
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
19 MARCH 2025
THE COURT ORDERS ON A FINAL BASIS THAT:
1. In so far as these orders refer to an obligation to do anything in writing, for the purpose of these orders the term “in writing” means by the communication tool known as “Appclose”, where that App is available, and if it is not by text message or email, and in the case of email advise the other party by text message that an email has been sent.
BY CONSENT:
2. That within fourteen (14) days of the date of these orders the Father, Mr Boysen (‘the Father’) enrol in and complete an in person:
2.1 Circle of Security Program; and
2.2 Men’s Behavioural Change program; and collectively referred to as ‘the Programs’.
3. The Father provide proof of enrolment in the programs to the Mother, Ms Kruse (‘the Mother’) upon enrolment, in writing and the Father provide proof of completion of these programs to the Mother upon completion in writing.
4. That the Father be and is restrained from reporting any complaint or concern about the Mother, and/or the welfare of the child, X born in 2022 (‘the child’) to Police and/or any child welfare authority or child care centre or kindergarten or school the child attends, without beforehand having:
4.1 Taken legal advice; and
4.2 Provided the Mother in writing with details of any complaint or concern; and
4.3 Provided the Mother with an opportunity to attend mediation to deal with his complaint or concern.
THE COURT ORDERS THAT:
PARENTAL RESPONSIBILITY FOR LONG TERM DECISIONS
5. That the Mother, Ms Kruse, (‘the Mother’), have sole parental responsibility for long-term decisions relating to X born in 2022 (‘the child’).
6. That at least two weeks prior to making any significant decision (or as soon as possible if it is not possible to allow this time frame) relating to any decisions about long term things for the child, the Mother shall:
6.1 Contact the Father, Mr Boysen (‘the Father’), in writing setting out the decision to be made and any other information relevant to that decision along with what she believes is her position in relation to the issue and seek the father’s views on the subject;
6.2 Within one week the Father respond in writing setting out his views and any other information relevant to those views (or as soon as possible if it is a shorter timeframe).
6.3. Advise the Father in writing of the decision she has made within three (3) days of making that decision.
LIVING ARRANGEMENTS
7. That the child live with the Mother.
SPENDING TIME ARRANGEMENTS
8. That the child spend time with the Father as follows:
Stage 1
8.1 For a period of at least three (3) months from the first available time, and provided the Father has again enrolled in the Circle of Security program, and enrolled in a Men’s Behavioural Change Program as provided in these orders, the Mother and the Father do all acts and things to cause and ensure that the child spend time with the Father at the Supervised Contact Centre known as “B Contact Service” (‘B Contact Service’) from 9am to 11am each Saturday morning, or such other time on each weekend as directed by the person in charge of B Contact Service (‘the Director’), and comply with all lawful directions of the Director (‘the 3 months of supervised time’).
8.2 And the parents of the child do all acts and things necessary to forthwith apply to B Contact Service to facilitate these orders and the Father be responsible for the costs of enrolment and attendance at B Contact Service.
Stage 2
8.3. From the end of the 3 months of supervised time and provided the Father has provided proof in writing that he has again enrolled in the Circle of Security program and enrolled in a Men’s Behavioural Change Program, then provided the Father’s mother, Ms C, has signed a written undertaking, in the usual form that she be in substantial attendance, that is to be in the presence of or nearby to the child while the Father spends time with the child including at changeover, then the child spend time with the Father from 9am to 4pm on Sundays each weekend, on those occasions that the Father’s mother is available to be in substantial attendance, for a period of three (3) months (‘the substantial attendance time’).
Stage 3
8.4 That from the end of the substantial attendance time and provided the Father has enrolled in the Circle of Security program, and enrolled in a Men’s Behavioural Change Program as provided in these orders, the child spend unsupervised time with the Father from 9am to 4pm on Sundays on each weekend.
Mother’s election to cancel
8.5 On three (3) separate occasions in any one (1) calendar year, at the Mother’s election, whether for reason or not, the Mother be and is permitted to cancel the child’s spend time arrangements provided no less that one (1) months’ notice is given to the Father of her intention to cancel that time as provided in the preceding order.
Other time as agreed
8.6 That the child spend other time, with the Father as agreed in writing.
SCHOOL HOLIDAYS
9. That, unless otherwise agreed between the parties in writing, the child live with the mother and spend time with the Father pursuant to these Orders during school holidays.
SPECIAL OCCASIONS
10. That the child’s time with the Father be suspended and the child spend time with each parent on special occasions as follows.
Father’s Day
10.1 On the weekend of Father’s Day, the child is to spend time with the Father from 9.00am Father’s Day until 4.00pm Father’s Day.
Mother’s Day
10.2 If the time the child is to spend with the Father falls on the same weekend as Mother’s Day, that time is to be suspended.
Christmas Day
10.3. On Christmas Day in 2025, the child is to spend time with the Father from 11.00am to 4.00pm.
10.4. From Christmas Day 2026 and thereafter:
10.4.1. In even numbered years -
10.4.1.1 The child is to spend time with the Father from 10am Christmas Eve to 4pm Christmas Eve;
10.4.1.2 The child is to spend time with the Mother from 4pm Christmas Day until 4pm Boxing Day.
10.4.2. In odd numbered years -
10.4.2.1. The child is to spend time with the Father from 10am Christmas Day to 4pm Christmas Day; and
10.4.2.2. The child is to spend time with the Mother from 4pm Christmas Day until 4pm Boxing Day.
CHANGEOVER
11. For the purpose of the child spending time with the Father changeover of care is to take place at McDonald’s Suburb D at the place nominated by the Mother that is within the environment of McDonalds.
FATHER’S COMMUNICATION WITH THE CHILD
12. The Father communicate with the child by telephone each Wednesday night, with the Mother to initiate the call between 5.30pm and 6.00pm.
COMMUNICATION BETWEEN PARENTS
13. That the Mother and the Father are to communicate in relation to the care, welfare and development of the child by way of AppClose parents parenting app.
14. However, in the case of an emergency they are to telephone the other parent as soon as practicable.
SHARING CONTACT DETAILS
15. That each party keep the other informed of their current residential address, home telephone number, mobile telephone number and email address and notify the other of any change to any of those details, either prior to or within twenty four (24) hours of the change occurring.
SCHOOL EVENTS AND INFORMATION
16. That the Mother and Father do all acts and things to authorise each of them to receive from any day care centre, kindergarten, pre-school or school that the child attends, any information regarding the child that she or he requests, including but not limited to school reports, correspondence, school notices, invitations to attend parent/teacher interviews and notice of other activities to which parents are invited to, and school photographs and order forms, and are at liberty to provide a copy of this order to any such day care centre, kindergarten, preschool or school.
17. That the Mother and Father do all acts and things to authorise each of them, subject to any lawful direction of any school or kindergarten to be permitted to attend any school or kindergarten activities to which parents are invited, including but not limited to parent/teacher interviews (provided they can be conducted separately), assemblies, excursions, concerts and sports days.
18. That each parent provide to the other a copy of any certificate/award received by the child, while the child is in that party’s care.
EXTRA-CURRICULAR ACTIVITIES
19. That the Mother and Father do all acts and things to authorise each of them to be at liberty to attend the child’s extra-curricular activities and any competition/other events associated with such activities.
20. That each party notify the other, as soon as practicable, of any changes to the child’s extracurricular activities, which might affect the other party’s involvement in such activities.
21. That both parents are restrained by injunction from enrolling the child in any extracurricular activity that requires the child to attend practice, rehearsals, competitions or other events during periods of time that the child is to spend time with the other parent pursuant to this order, without the prior written consent of the other parent.
MEDICAL ISSUES
22. That each parent must notify the other, as soon as practicable, of any accident, emergency, significant injury or serious illness affecting the child, which occurs whilst the child is spending time with him or her.
23. That each parent must advise the other of any medical treatment received by the child, whilst the child is spending time with him or her, such advice to include the name of the treating medical practitioner, the nature of the treatment and if medication is prescribed the name and prescribed dosage.
24. That each parent must notify the other, no less than seven (7) days in advance, of any appointment made for the child to attend upon a specialist medical practitioner and both parties shall be at liberty to attend any such appointment.
25. That the Mother and Father do all acts and things to authorise each of them to be entitled to receive from any medical or other health care practitioner, upon whom the child attend, any information regarding the child that she or he requests and are at liberty to provide a copy of this order to any such practitioner.
RESTRAINTS
26. That Mother and Father are hereby restrained from abusing, insulting, belittling, rebuking or otherwise denigrating the other party to or in the presence or hearing of the child or any of them, and from permitting any other person so to do.
27. That the Mother and the Father must not abuse, harass or intimidate the other parent.
28. That Mother and Father are hereby restrained from discussing any issue in dispute between them, including these proceedings, with or in the presence or hearing of the child or any of them and from permitting any other person so to do.
29. Both parties are restrained from:
29.1 Using any form of physical discipline against the child.
29.2 Leaving the child unattended or in the care of an individual under the age of 16 years.
29.3. Communicating any information intended for the other parent through the child.
INJUNCTION - SECTION 68B OF THE FAMILY LAW ACT 1975 (CTH)
30. Pursuant to Section 68B of the Family Law Act 1975 (Cth), the Father must:
30.1 Not commit family violence against the Mother;
30.2 Be of good behaviour towards the child and not commit family violence against the child;
30.3 Not approach within 100 metres of the mother, or remain at any place where the mother is present, except for the purposes of attending a contact centre or changeover to spend time with the child or to attend any activity of the child authorised by these orders;
30.4 Not attempt to locate the Mother, other than as permitted by Court Order; and
30.5 Not contact the Mother for any purpose, other than as permitted by Court Order.
LEAVE TO PROVIDE THESE ORDERS & REASONS TO OTHERS.
31. That the Father and Mother have leave to provide to his or her treating health professionals a copy of these orders and reasons and to his or her parents and siblings.
32. That the Mother be at liberty to provide a copy of these orders and reasons when available to any child care centre the child attends and/or to Ms E (‘Ms E’) and authorise Ms E to provide a copy of these orders and reasons to her treating health professional/s and if she wants to, to any prospective employer, employment agency or family member, provided these orders and reason not be published in or on any newspaper, social media program or electronic media.
DRUG & ALCOHOL ORDERS
33. That during any period of time which the child spends with him, the Father is hereby restrained from ingesting, consuming, using, or otherwise being under the influence of, alcohol and/or any legal or illegal drug or substance, except for:
33.1 any legal medication prescribed for the Father by a registered medical practitioner, and taken or used by the Father strictly in accordance with the prescription; and
33.2. any over-the-counter legal medication or pharmaceutical substance ordinarily sold in supermarkets, and taken or used by the Father strictly in accordance with the directions appearing on the packaging of that medication or pharmaceutical substance.
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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