L and O

[2005] FMCAfam 223

FEDERAL MAGISTRATES COURT OF AUSTRALIA

L & O [2005] FMCAfam 223

FAMILY LAW – Whether husband should be prohibited from taking children to Jehovah's Witness meetings – whether risk of harm to children – whether children’s relationship with husband affected – whether wife's role as primary carer affected.

Family Law Act 1975

Evers v Evers (1972) 19 FLR 296
In the marriage of Paisio [1979] FLC 90-659
Re G (Children's schooling) (2000) FLC 93-025

Applicant: L

Respondent: O

File Number: MLM 576 of 2004

Judgment of: Phipps FM

Hearing date: 22 April 2005

Date of Last Submission: 22 April 2005

Delivered at: Melbourne

Delivered on: 11 May 2005

REPRESENTATION

Counsel for the Applicant: Mr Cantwell

Solicitors for the Applicant: Footscray Community Legal Centre

Counsel for the Respondent: Mr Lovering

Solicitors for the Respondent: Coleman Lawyers

ORDERS

1. The wife's application for an order that the husband be prohibited from taking the children of the marriage to Jehovah’s Witness meetings until they are ten (10) years old is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLM 576 of 2004

L

Applicant

And

O

Respondent

REASONS FOR JUDGMENT

Introduction

1. This application concerns the two children of the parties to the marriage, G born 28 February 2001 and D born 7 July 1999.  The only issue between the parties is whether an order should be made, "That the husband be prohibited from taking the children to Jehovah’s Witness meetings until they are ten (10) years old”.

2. Orders were made by consent on 4 October 2004 that the children reside with the wife and for the husband to have contact, which includes every second weekend from 5.00pm Friday until 5.00pm Sunday.  Included was an order that the husband be prohibited from withholding his consent to any medical treatment including blood transmissions for the children when they are in his care.  The residence and contact orders reflect arrangements that were already in place between the parties.

Evidence

1. The parties met at school and were boyfriend and girlfriend from that time.  They were married on 27 June 1997 and separated on the

   
   

   12 January 2003.  The husband returned and resided under the same roof with the wife and children until 28 August 2003.

2. The husband has since remarried.  He resides with his wife and her two children.  His wife is a Jehovah's Witness.  The husband became interested in the Jehovah's Witness religion and he is now a committed member.  He attends a two-hour Jehovah's Witness meeting on most Sundays.  When his two children are on contact with him they also attend the meeting.  There have been some exceptions, when the children were ill, and on occasion when the husband and his family visited Geelong.

3. The mother describes herself as Catholic, although not strongly religious.  She has been baptised and made her first Communion and confirmation in the Catholic Church.  She attended a Catholic Secondary School for six years and then did a further final year in a government secondary school where she met the husband.…