Langmeil v Grange

[2012] HCASL 104

LANGMEIL

v

GRANGE & ANOR

[2012] HCASL 104
A5/2012

1. The applicant is the mother of three children born, respectively, in February 2004, June 2005 and November 2006.  The first respondent is the father of the children.

2. The applicant and first respondent separated in 2008 and the children remained living with the applicant.  In November 2008, pursuant to orders made by a single judge of the Family Court of Australia (Bell J), the children began to reside with the first respondent and to spend some supervised time with the applicant each week. 

3. In February 2010 the Full Court of the Family Court varied the order for parental responsibility for the children made by Bell J and ordered that the first respondent have sole parental responsibility for them. 

4. Subsequently, the applicant applied for an order that she have sole parental responsibility for the children.  She alleged that the first respondent had abused the children sexually and physically.  In August 2011, Stevenson J rejected the applicant's allegations of abuse and ordered, among other things, that:

   (a)the first respondent have sole parental responsibility for the children; and

   (b)the children spend time with the applicant once each week either at a contact centre or under the supervision of a person approved by the first respondent. 

5. The applicant's appeal to the Full Court of the Family Court (Coleman, May and Ainslie-Wallace JJ) against the orders of Stevenson J was dismissed.  She now seeks special leave to appeal to this Court.

6. The applicant's central complaint (though variously expressed) is that the Family Court, both at first instance and on appeal, reached the wrong factual conclusion in finding that the first respondent had not assaulted any of the children.

7. We are not persuaded that the applicant would enjoy sufficient prospects of success in demonstrating error in this critical finding, which was made at first instance and upheld by the Full Court, to warrant the grant of special leave to appeal.

8. Pursuant to r 41.10.5 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 August 2012 S.M. Crennan