LANGTON & WESTMAN - [2019] FamCA 832

FAMILY COURT OF AUSTRALIA

LANGTON & WESTMAN

[2019] FamCA 832

FAMILY LAW – CHILDREN – Undefended hearing – Best interests of the child – Parental responsibility – Where the father has disengaged from the proceedings – Where there are risks associated with the care of the only parent engaged in the proceedings – Orders that are least detrimental to the children.

Evidence Act 1995 (NSW) s 140(2)
Family Law Act 1975 (Cth) ss 60B, 60CC, 61C, 65DAC
Family Law Rules 2004 (Cth) rr 11.02, 16.07

Deiter v Deiter [2011] FamCAFC 82
G & C [2006] FamCA 994
Goode & Goode (2006) FLC 93-286
Mazorski & Albright (2007) Fam LR 518
McCall & Clark (2009) FLC 93-405; [2009] FamCAFC 92
M v M (1988) 166 CLR 69; [1988] HCA 68
W & W (Abuse Allegations: Unacceptable Risk) (2005) FLC 93–235

APPLICANT:

Mr Langton

RESPONDENT:

Ms Westman

INDEPENDENT CHILDREN’S LAWYER:

Sydney West Family Lawyers

FILE NUMBER:

PAC

4708

2016

DATE DELIVERED:

13 November 2019

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Hannam J

HEARING DATE:

2 August 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

No Appearance

SOLICITOR FOR THE RESPONDENT:

Benetatos White Solicitors

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Sydney West Family Lawyers

Orders

That the mother shall have sole parental responsibility for the children X born … 2008 and Y born … 2010 (“the children”).
That the children shall live with the mother.
That the children shall spend no time with the father.
That the mother shall follow all recommendations, directions and treatment plans given to her by the children’s treating health professionals, including accepting referrals, attending appointments and providing medication as may be prescribed from time to time.
That these orders and Reasons for Judgment be provided to the NSW Department of Communities and Justice.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Langton & Westman has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 4708 of 2016

Mr Langton

Applicant

And

Ms Westman

Respondent

REASONS FOR JUDGMENT

Introduction

These proceedings concern the long term parenting arrangements for two children aged 11 and nine (“the children”).
The father initiated these proceedings after the mother ceased the children’s contact with him. The children had disclosed to the mother that the father and his partner had perpetrated physical abuse towards them. After the commencement of the proceedings, both children also separately disclosed to the mother that the father and/ or his partner had sexually abused them.
The mother seeks orders…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading LANGTON & WESTMAN

Details

AGLC: LANGTON & WESTMAN [2019] FamCA 832
Case: [2019] FamCA 832
Decision Date: 13 November 2019

CaseChat Overview and Summary

In the matter of *Langton & Westman*, heard before Hannam J, the dispute concerned parenting orders for two children, X and Y. The mother sought sole parental responsibility and orders for the children to live with her, with no time spent with the father.

The court was required to determine the best interests of the children in light of the circumstances presented. Specifically, the court had to consider the appropriate living arrangements for the children, the allocation of parental responsibility, and the extent of contact, if any, the children should have with the father.

Hannam J's reasoning focused on the paramountcy of the children's welfare. The orders made reflect a determination that it was in the children's best interests to live with the mother and for the mother to have sole parental responsibility. The court also ordered that the children spend no time with the father, indicating significant concerns regarding the father's involvement. Furthermore, the mother was directed to comply with all recommendations from the children's treating health professionals, underscoring the importance of the children's health and well-being.

The final orders stipulated that the mother shall have sole parental responsibility for the children and that the children shall live with the mother. The children were ordered to spend no time with the father. The mother was also mandated to follow all recommendations from the children's treating health professionals. The court further ordered that these orders and Reasons for Judgment be provided to the NSW Department of Communities and Justice.

Orders

Orders of the court

That the mother shall have sole parental responsibility for the children X born … 2008 and Y born … 2010 (“the children”).

That the children shall live with the mother.

That the children shall spend no time with the father.

That the mother shall follow all recommendations, directions and treatment plans given to her by the children’s treating health professionals, including accepting referrals, attending appointments and providing medication as may be prescribed from time to time.

That these orders and Reasons for Judgment be provided to the NSW Department of Communities and Justice.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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