FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Leonis & Castor [2025] FedCFamC2F 328
File number(s): DGC 306 of 2024 Judgment of: JUDGE JENKINS Date of judgment: 14 March 2025 Catchwords: FAMILY LAW – PARENTING – final orders – five children – father convicted of serious assault – father incarcerated for significant period of time – younger children have little memory of the father – father committed family violence against mother – father completely denies family violence – family violence alleged against mother’s new partner – father completed taking responsibility course – no substantial evidence of change by the father – no insight into his violence or offending – ongoing risk – risk not ameliorated by supervised time – no time with father – sole parental responsibility for decision making to the mother. Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 60CA, 60CC, 60CG, 65D
Cases cited: Batas & Gaire (No 2) [2024] FedCFamC1F 672
Briginshaw v Briginshaw [1938] HCA 34
Deiter & Deiter [2011] FamCAFC 82
Isles & Nelissen [2022] FedCFamC1A 97
Primrose Meadows Pty Ltd v River View Pty Ltd [2019] VSC 263
Division: Division 2 Family Law Number of paragraphs: 91 Date of hearing: 21, 22 & 23 January 2025 Place: Dandenong Counsel for the Applicant: Mr Combes Solicitor for the Applicant: Aston Legal Counsel for the Respondent: Ms Finemore Solicitor for the Respondent: Seawater Legal Counsel for the Independent Children's Lawyer: Mr Robertson Solicitor for the Independent Children's Lawyer: Taft Lawyers
Table of Corrections 28 March 2025 A new order 9 has been included pursuant to r 10.13(1)(e) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (“r 10.13(1)(e)”) which was inadvertently omitted to reflect the Court’s intention. ORDERS
DGC 306 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LEONIS
Applicant
AND: MS CASTOR
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
14 MARCH 2025
Amended pursuant to r.10.13(1)(e) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 28 March 2025
THE COURT ORDERS THAT:
1.The mother have sole parental responsibility for decision making for the children:
(a)V born in 2008 (“V”);
(b)W born in 2009 (“W”);
(c)X born in 2011 (“X”);
(d)Y born in 2015 (“Y”); and
(e)Z born in 2016 (“Z”);
(“the children”), with the mother to notify the father within 14 days of making any long-term decisions for the children.
2.The children live with the mother.
3.The father be restrained from communicating with V, W, or X unless V, W, or X express to the mother a desire to spend time or communicate with the father.
4.To effect order 3 herein:
(a)In the event V, W, or X express to the mother a desire to communicate with or spend time with the father, the mother or her nominated agent notify the father by email…
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- Case
- [2025] FedCFamC2F 328
- Decision Date
CaseChat Overview and Summary
The court found that Mr Leonis had a history of serious violence against Ms Castor and had not demonstrated any meaningful change or insight into his behaviour. The younger children had little memory of the father and had expressed no desire to see him. The court concluded that there was an ongoing risk of harm if the father had contact with the children. While the father had completed a responsibility course, there was no substantial evidence of change or insight into his past violence. The court also noted allegations of family violence against the mother's new partner, although these were not substantiated. Based on these findings, the court determined that sole parental responsibility for decision-making should rest with the mother, with limited and supervised contact for the older children, and no contact for the younger children.
The court issued orders granting the mother sole parental responsibility for decision-making for all the children, with the father having no contact with the youngest two children and limited, supervised contact with the older children. The father was also restrained from communicating with the mother or approaching her residence or workplace. The father was permitted to send cards and letters to the children, which would be delivered to an address nominated by the mother. All other applications were dismissed. The court's decision prioritised the safety and well-being of the children, reflecting the significant risk posed by the father's past behaviour.
Orders
Orders of the court
DGC 306 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LEONIS
Applicant
AND:
MS CASTOR
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE JENKINS
DATE OF ORDER:
14 MARCH 2025
Amended pursuant to r.10.13(1)(e) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 28 March 2025
THE COURT ORDERS THAT:
1. The mother have sole parental responsibility for decision making for the children:
(a) V born in 2008 (“V”);
(b) W born in 2009 (“W”);
(c) X born in 2011 (“X”);
(d) Y born in 2015 (“Y”); and
(e) Z born in 2016 (“Z”);
(“the children”), with the mother to notify the father within 14 days of making any long-term decisions for the children.
2. The children live with the mother.
3. The father be restrained from communicating with V, W, or X unless V, W, or X express to the mother a desire to spend time or communicate with the father.
4. To effect order 3 herein:
(a) In the event V, W, or X express to the mother a desire to communicate with or spend time with the father, the mother or her nominated agent notify the father by email and propose a date and time for V, W, and/or X to spend time with the father supervised by the B Contact Service in Town C, or such other supervisor agreed by the parents in writing;
(b) The mother and father make an application with B Contact Service in Town C within 14 days of the mother’s notification provided above;
(c) The supervised visits do not exceed four occasions per year unless otherwise agreed between the parents in writing.
5. The father be restrained from spending time with or communicating with Y and Z.
6. The father be restrained from instigating any communication with the mother and from approaching or remaining within 200 meters of the mother, her residence, or her place of work.
7. The father be permitted to respond to any email communication from the mother or her nominated agent within 14 days of the date of the communication.
8. The father be restrained by injunction from:
(a) Committing family violence towards the mother or the children or exposing the children to family violence;
(b) Using physical chastisement as a form of punishment;
(c) Denigrating the other party and/or any members of their extended family in the hearing and/or presence of the child and/or from allowing any other person to do so;
(d) Discussing court proceedings in the hearing and/or in the presence of the child and/or from allowing any other person to do so; and
(e) Video and/or voice recording either party or the children using any electronic device.
9. The father be permitted to send the children cards and letters to an address or postal box nominated by the mother.
10. All extant applications be otherwise dismissed.
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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