FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lavigne & Gavin (No 2) [2024] FedCFamC2F 737
File number(s): SYC 3478 of 2021 Judgment of: JUDGE HARLAND Date of judgment: 12 June 2024 Catchwords: FAMILY LAW – application for review – parenting only interim orders – should the children continue to spend time with the father supervised – should the children spend time with the father in accordance with final orders made 3 April 2023 – where the parties are unable to communicate effectively – where there is significant parental conflict - the children at risk of emotional and psychological harm letter to the children from judicial officer – Independent Children’s Lawyer to give letter to children Legislation: Family Law Amendment Act 2023 (Cth)
Family Law Act 1975 (Cth) s.60B, 60CC
New South Wales Crimes Act 1900 (NSW) s.61AA
Cases cited: Lavigne & Gavin [2024] FedCFamC2F 353
Isles & Nelissen [2022] FedCFam1A 97
Division: Division 2 Family Law Number of paragraphs: 123 Date of hearing: 17 May 2024 Place: Melbourne Solicitor for the Applicant Ms Grew of Matthews Folbigg Pty Ltd Counsel for the Respondent Ms Spain Solicitor for the Respondent Barkus Doolan Winning Independent Children’s Lawyer Ms Al Hashimi of Mason Mia & Associates-Solicitors ORDERS
SYC 3478 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR GAVIN
Applicant
AND: MS LAVIGNE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
12 JUNE 2024
THE COURT ORDERS THAT:
1.Orders 1, 3 to 5 and 7 to 14 of the Orders made by a Senior Judicial Registrar on 25 January 2024 remain in full force and effect.
2.Order 2 of the Orders made on 25 January 2024 be discharged.
3.The father spend time with the children on alternate Saturdays from 1.00pm to 6.00pm.
4.The father’s time with the children be professionally supervised by R Contact Service or such other agreed agency at the father’s sole expense.
5.Order 6 of the Orders made on 25 January 2024 be amended so that it reads the Father shall be at liberty to contact the children via telephone from 7.30am to 8.30am or 5.00pm to 6.00pm, with such telephone calls to be made in the presence of the Mother.
6.The Independent Children’s Lawyer be at liberty to provide a copy of these Orders and Reasons to the family therapist including a copy of the letter appearing at the end of these reasons.
7.The parties be at liberty to provide a copy of these Orders and Reasons to any treating therapist the parties are seeing.
8.The mother be at liberty to provide a copy of these Orders to the children’s schools and a copy of these Reasons to the children’s counsellors including a copy of the letter appearing at the end of these reasons.
THE COURT DIRECTS THAT:
9.The Independent Children’s Lawyer is to meet with the children as soon as practicable to explain the interim orders and provide the children with a copy of the letter appearing at…
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- AGLC
- Lavigne & Gavin (No 2) [2024] FedCFamC2F 737
- Case
- [2024] FedCFamC2F 737
- Decision Date
CaseChat Overview and Summary
The Court considered the significant parental conflict and the inability of the parties to communicate effectively. It was noted that the children were at risk of emotional and psychological harm due to the ongoing conflict. The Court assessed the evidence presented, including reports from the Independent Children’s Lawyer and other relevant parties. The Court concluded that while it was in the children's best interest to maintain a relationship with their father, the existing level of conflict and communication issues warranted continued supervised visitation. The Court also adjusted the contact times and conditions to mitigate some of the concerns while ensuring the children's safety and well-being.
In light of the evidence and the children's best interests, the Court decided to maintain most of the existing interim orders but made some modifications. The father would continue to have supervised visits with the children on alternate Saturdays, with supervision provided by a professional agency. The contact times were adjusted to include specific hours for telephone calls to be made in the presence of the mother. The Court also directed the Independent Children’s Lawyer to explain the orders to the children and provide them with a letter addressing their concerns and the reasons behind the Court's decisions. The final orders included provisions for the dissemination of information to relevant parties, such as therapists and schools, to ensure consistency in the children's care and support systems.
The Court dismissed the application for review in its entirety except for the modifications to the existing orders. The remaining applications were scheduled for a Directions Hearing to address any further issues or changes that may be required. The Court's decision was aimed at balancing the children's need for a relationship with their father with the necessity to protect them from the adverse effects of parental conflict.
Orders
Orders of the court
SYC 3478 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR GAVIN
Applicant
AND:
MS LAVIGNE
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
12 JUNE 2024
THE COURT ORDERS THAT:
1. Orders 1, 3 to 5 and 7 to 14 of the Orders made by a Senior Judicial Registrar on 25 January 2024 remain in full force and effect.
2. Order 2 of the Orders made on 25 January 2024 be discharged.
3. The father spend time with the children on alternate Saturdays from 1.00pm to 6.00pm.
4. The father’s time with the children be professionally supervised by R Contact Service or such other agreed agency at the father’s sole expense.
5. Order 6 of the Orders made on 25 January 2024 be amended so that it reads the Father shall be at liberty to contact the children via telephone from 7.30am to 8.30am or 5.00pm to 6.00pm, with such telephone calls to be made in the presence of the Mother.
6. The Independent Children’s Lawyer be at liberty to provide a copy of these Orders and Reasons to the family therapist including a copy of the letter appearing at the end of these reasons.
7. The parties be at liberty to provide a copy of these Orders and Reasons to any treating therapist the parties are seeing.
8. The mother be at liberty to provide a copy of these Orders to the children’s schools and a copy of these Reasons to the children’s counsellors including a copy of the letter appearing at the end of these reasons.
THE COURT DIRECTS THAT:
9. The Independent Children’s Lawyer is to meet with the children as soon as practicable to explain the interim orders and provide the children with a copy of the letter appearing at the end of these reasons.
10. The Independent Children’s Lawyer is to provide R Contact Service a copy of these Orders and Reasons and is to speak with the supervision service about the supervision concerns raised in the reasons.
THE COURT FURTHER ORDERS THAT:
11. The Application for Review filed 13 February 2024 is otherwise dismissed.
12. All extant applications are listed for Directions Hearing before a Judicial Registrar on 7 August 2024 at 11:30am AEST.
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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