FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Lamarre & Lamarre [2024] FedCFamC1F 705
File number: PAC 6726 of 2023 Judgment of: AUSTIN J Date of judgment: 21 October 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Review of decision – Parenting – Where the paternal grandparents review interim parenting orders made by a Senior Judicial Registrar (“the registrar”), which provide for the children to spend supervised time with them – Where the paternal grandparents seek orders for the children to live with them and spend supervised time with the mother – Where the paternal grandparents assert the mother poses a risk of physical and psychological harm to the children – Where the mother has passed the psychological assessments given by the single expert – Where the younger child made allegations of his sexual abuse by the paternal grandfather – Where the allegations were not substantiated by the authorities but the risk of harm is not eradicated – Where the trial is the time and place to settle factual controversies – Where the father lives overseas and is not a residential option for the children – Orders made to vary the length of supervised time the children spend with the paternal grandparents. Legislation: Family Law Act 1975 (Cth) Pt VII, ss 60B, 60CA, 60CC, 61B, 61C, 61D, 64B, 65D, 65AA, 69ZL Cases cited: Banks v Banks (2015) FLC 93-637; [2015] FamCAFC 36
Bustillo & Bustillo [2024] FedCFamC1F 556
Goode & Goode (2006) FLC 93-286; [2006] FamCA 1346
Division: Division 1 First Instance Number of paragraphs: 76 Date of hearing: 21 October 2024 Place: Newcastle (via Microsoft Teams) Counsel for the Applicants: Mr Apelbaum Solicitor for the Applicants: T & S Law Firm The First Respondent: Litigant in person The Second Respondent: Litigant in person Solicitor Advocate for the Independent Children's Lawyer: Mr Gonzalez Solicitor for the Independent Children's Lawyer: Gonzalez and Co ORDERS
PAC 6726 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR B LAMARRE
First Applicant
MS C LAMARRE
Second Applicant
AND: MS LAMARRE
First Respondent
MR LAMARRE
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
22 OCTOBER 2024
THE COURT ORDERS THAT:
1.Order 3 made on 5 January 2024 is discharged.
2.Orders 4, 5, 8, 11, 14, 16 and 18 made on 8 July 2024 (as amended under the slip rule on 24 July 2024) are discharged.
3.The parties shall take all reasonable steps to ensure the children spend supervised time with the paternal grandparents from 10.00 am until 5.00 pm each Saturday (or Sunday in the alternative), upon the following conditions:
(a)the supervisor shall be the supervisor agreed between the parties or, in default, appointed by the Independent Children’s Lawyer (“the ICL”);
(b)the mother and the paternal grandparents shall forthwith contact and satisfactorily complete any intake procedures required by the supervisor;
(c)the venue at which the children spend time with the paternal grandparents shall be designated by the supervisor;
(d)the paternal grandparents shall pay the…
Continue reading Lamarre & Lamarre
Sign in free to access the full text
- AGLC
- Lamarre & Lamarre [2024] FedCFamC1F 705
- Case
- [2024] FedCFamC1F 705
- Decision Date
CaseChat Overview and Summary
The court was required to decide several legal issues, including whether the paternal grandparents could be considered suitable caregivers for the children and whether the children should continue to live with their mother. The court also needed to assess the risk of harm posed by the paternal grandparents and whether the children should have supervised contact with them. The court considered the children's best interests as the paramount consideration, taking into account the objects of the legislation and the criteria specified by s 60CC of the Act.
The court determined that the trial was the appropriate time to resolve factual controversies and disputes between the parties. It noted that the interim hearing should not be used to settle factual disputes unless circumstances were urgent and there was no alternative. The court also highlighted that the children's best interests should be the primary consideration in making parenting orders. Given the untested evidence and factual disputes, the court decided that the paternal grandparents' application for the children to live with them and spend supervised time with the mother could not be resolved at this stage. However, the court did grant the paternal grandparents the right for the children to spend supervised time with them under specific conditions, including the appointment of a supervisor, completion of intake procedures, and compliance with the supervisor's directions. The court dismissed all other outstanding applications for interim parenting orders.
In summary, the court granted the paternal grandparents supervised visitation rights with the children but did not allow them to have residential care. The children were to continue living with their mother, and the father, who lives overseas, was not considered a viable residential option. The court's decision was based on the principle that the trial was the appropriate time to resolve factual controversies and that the children's best interests should be the primary consideration in making parenting orders.
Orders
Orders of the court
PAC 6726 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR B LAMARRE
First Applicant
MS C LAMARRE
Second Applicant
AND:
MS LAMARRE
First Respondent
MR LAMARRE
Second Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
22 OCTOBER 2024
THE COURT ORDERS THAT:
1. Order 3 made on 5 January 2024 is discharged.
2. Orders 4, 5, 8, 11, 14, 16 and 18 made on 8 July 2024 (as amended under the slip rule on 24 July 2024) are discharged.
3. The parties shall take all reasonable steps to ensure the children spend supervised time with the paternal grandparents from 10.00 am until 5.00 pm each Saturday (or Sunday in the alternative), upon the following conditions:
(a) the supervisor shall be the supervisor agreed between the parties or, in default, appointed by the Independent Children’s Lawyer (“the ICL”);
(b) the mother and the paternal grandparents shall forthwith contact and satisfactorily complete any intake procedures required by the supervisor;
(c) the venue at which the children spend time with the paternal grandparents shall be designated by the supervisor;
(d) the paternal grandparents shall pay the costs of the supervisor;
(e) the parties shall comply with all reasonable requests and directions of the supervisor; and
(f) leave is granted to the parties to provide a copy of these orders to the supervisor.
4. Any and all other outstanding applications for interim parenting orders are dismissed.
NOTATION
A. The undischarged orders made on 5 January 2024 and 8 July 2024 (as amended on 24 July 2024) continue in force.
party shall forthwith contact and satisfactorily complete any intake assessments or procedures required by the superviso
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
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.