FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Longer & Longer [2021] FedCFamC2F 279
File number(s): NCC 1606 of 2018 Judgment of: JUDGE BECKHOUSE Date of judgment: 1 November 2021 Catchwords: FAMILY LAW – parenting – parental responsibility –family violence – unacceptable risk – coercive and controlling violence – child with Global Developmental Delay and Autism Spectrum Disorder Legislation: Family Law Act 1975 (Cth) ss 4(1AB), 4AB(1), 4AB(2), 60B, 60CA, 60CC, 61DA(1), 65DAC, 102NA(2)
Evidence Act 1995 (Cth) s 140(2)
Cases cited: Blinko & Blinko [2015] FamCAFC 146
Briginshaw v Briginshaw (1938) 60 CLR 336
Deiter & Deiter [2011] FamCAFC 82
Finton & Kimble [2017] FCWA 106
Hardie & Capris [2010] FamCA 1046
Illgen & Yike [2018] FamCA 17
Jurchenko & Foster [2014] FamCAFC 127
M v M [988] HCA 68
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92Moose & Moose [2008] FamCACF 108
MRR & GR [2010] HCA 4
Newman & Tate [2020] FamCA 1114
U v U [2002] 211 HCA 36
Division: Division 2 Family Law Number of paragraphs: 204 Date of hearing: 2 - 4 August 2021 Solicitor for the Applicant: The Applicant in person Counsel for the Respondent: Ms Goodchild Solicitor for the Respondent: Fern Lawyers Counsel for the Independent Children's Lawyer: Mr Jackson Solicitor for the Independent Children's Lawyer: Brian Samuel & Associates ORDERS
NCC 1606 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LONGER
Applicant
AND: MS LONGER
Respondent
ORDER MADE BY:
JUDGE BECKHOUSE
DATE OF ORDER:
1 NOVEMBER 2021
ON A FINAL BASIS THE COURT ORDERS THAT:
1.All previous orders be discharged.
2.The mother have sole parental responsibility for the child X born in 2017 (hereinafter “the child”).
3.The child live with the mother.
4.The child spend time with the father as follows:
(a)On the last Saturday of each calendar month from 10am until 3pm conditional upon the following:
(i)Prior to the first scheduled unsupervised visit, the father must take the following steps:
A.Visit and observe the child in a setting familiar to her as nominated by the mother, and speak to one of the child’s treating health practitioners as nominated by the mother, about the child’s development and techniques for managing their behaviour.
B.In consultation with the child’s treating health practitioners, confirm with the mother the regular venue he proposes to use consistently when he spends time with the child.
(ii)The father provide the mother with no less than 14 days’ notice of an intention to attend such spend time with the child.
(b)When the child commences kindergarten, the parties will review the spend time with arrangements with the child’s treating health practitioners with a view to extending the father’s time by two (2) hours each month such that it concludes at 5pm, however such extension of time will not occur until the parties receive a recommendation in writing that supports the child’s capacity to tolerate the increase in time.
5.All changeovers will occur with the father collecting the child from…
Continue reading Longer & Longer
Sign in free to access the full text
- AGLC
- Longer & Longer [2021] FedCFamC2F 279
- Case
- [2021] FedCFamC2F 279
- Decision Date
CaseChat Overview and Summary
The court found that the child would be exposed to an unacceptable risk of harm if she spent time with the father without certain conditions being met. The court considered evidence of the father's use of coercive and controlling violence towards the mother, as well as his history of threatening and violent behaviour towards her. The court also considered the child's needs and vulnerabilities, as well as the mother's ability to meet those needs and provide a safe and stable environment for the child. The court found that the mother was the more suitable parent to have sole parental responsibility for the child and that the father's violent behaviour towards the mother posed a significant risk to the child's safety and wellbeing.
The court ordered that the mother have sole parental responsibility for the child and that the child live with her. The court also ordered that the father have supervised contact with the child, subject to certain conditions, including that he attend a program to address his violent behaviour towards the mother. The court further ordered that the parties communicate with each other in relation to the child's care and wellbeing, and that they keep each other informed of any changes to their contact details or living arrangements. The court noted that certain orders were made by consent.
The court's decision was based on a thorough consideration of the evidence and the best interests of the child. The court recognised the importance of providing a safe and stable environment for the child, and found that the mother was better able to do so than the father. The court also emphasised the need for the parties to prioritise the child's needs and to work together to ensure her safety and wellbeing. The court's orders reflect these considerations and aim to provide the child with the best possible outcome in the circumstances.
Orders
Orders of the court
NCC 1606 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LONGER
Applicant
AND:
MS LONGER
Respondent
ORDER MADE BY:
JUDGE BECKHOUSE
DATE OF ORDER:
1 NOVEMBER 2021
ON A FINAL BASIS THE COURT ORDERS THAT:
1. All previous orders be discharged.
2. The mother have sole parental responsibility for the child X born in 2017 (hereinafter “the child”).
3. The child live with the mother.
4. The child spend time with the father as follows:
(a) On the last Saturday of each calendar month from 10am until 3pm conditional upon the following:
(i) Prior to the first scheduled unsupervised visit, the father must take the following steps:
A. Visit and observe the child in a setting familiar to her as nominated by the mother, and speak to one of the child’s treating health practitioners as nominated by the mother, about the child’s development and techniques for managing their behaviour.
B. In consultation with the child’s treating health practitioners, confirm with the mother the regular venue he proposes to use consistently when he spends time with the child.
(ii) The father provide the mother with no less than 14 days’ notice of an intention to attend such spend time with the child.
(b) When the child commences kindergarten, the parties will review the spend time with arrangements with the child’s treating health practitioners with a view to extending the father’s time by two (2) hours each month such that it concludes at 5pm, however such extension of time will not occur until the parties receive a recommendation in writing that supports the child’s capacity to tolerate the increase in time.
5. All changeovers will occur with the father collecting the child from the mother’s residence at the commencement time and returning her to the mother’s residence at the conclusion of time, or alternatively at the regular venue referred to in Order 4(a).
6. The child will have electronic communication with the father on a platform to be agreed each week, with such communication to be initiated by the father each Monday between 5.30pm and 5.45pm and the mother shall facilitate such communication and ensure that the child is available to communicate with the father at those times.
7. The father shall notify the mother of his inability to spend time with the child by providing the mother with 14 days’ notice in writing.
8. The mother shall provide to the father full particulars of any medical practitioner, health service provider or institution attended by the child and provide any authority or direction necessary to enable the father to obtain all necessary information concerning the child.
9. Both parties be permitted to liaise directly with the child’s school to receive school notices, information, newsletters, school reports, school photographs and any other necessary information about her progress.
10. In event that either party changes their accommodation, they shall provide the other party with details of their new address as soon as practicable, but no later than 48 hours before moving into new premises.
11. The parties are to keep each other informed of their current mobile telephone numbers and email addresses and will notify the other party of any changes to those details within 48 hours of such a change occurring.
12. For the purpose of facilitating these Orders, the parties are to communicate with each other via email or text message, except in the event of an emergency, in which case the parties shall telephone the other as soon as possible.
13. Each party will immediately notify the other in the event of an emergency involving the child including, but not limited to, the child suffering a serious illness or injury or being hospitalised while in their care.
14. Each party shall as soon as is reasonably practical inform the other of:
(a) Any significant medical problems, illness or injury suffered by the child while in their respective care; and
(b) Any medication that has been prescribed for the child while in their respective care that needs to be administered during those periods that the child is with the other parent.
15. The child X born in 2007 be removed from the Family Law Watchlist at all points of international departure.
16. Pursuant to section 65Y of the Family Law Act 1975 (Cth), the mother, Ms Longer born in 1993, shall and is hereby entitled and permitted to remove the child, X born in 2007, from the Commonwealth of Australia for a period of no longer than four weeks at a time for the purpose of travelling to such destinations as she may desire.
17. Pursuant to section 65Y of the Family Law Act 1975 (Cth) the father, Mr Longer born in 1979, shall and is hereby entitled and permitted to travel with the child, X born in 2007, from the Commonwealth of Australia provided it is with the consent in writing of the mother.
18. In the event the father wishes to remove the child from the Commonwealth of Australia pursuant to Order 17 herein, then he shall seek the mother’s consent no less than 60 days prior to the departure date of such proposed trip and shall provide the mother with particulars including the proposed itinerary and proposed period of such trip.
THE COURT NOTES THAT:
A. Orders 3 and 7 to 14 are made by consent.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.