FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Maire & Tatros [2023] FedCFamC2F 1613
File number(s): ADC 4345 of 2023 Judgment of: JUDGE DICKSON Date of judgment: 20 December 2023 Catchwords: FAMILY LAW – PARENTING – Interim proceedings – Child aged four years – Mutual allegations of family violence – Where the mother and the child are currently listed as protected persons on an Interim Intervention Order against the father – Allegations of child protection concerns for the child in the care of both parents – Consideration of best interests – Orders for the child to live with the mother and spend supervised time with the father during the period of the adjournment – Department for Child Protection invited to intervene and prepare a report pursuant to section 91B. Legislation: Family Law Act 1975 (Cth) ss 4AB, 60CC, 61DA. Cases cited: Goode & Goode (2006) FLC 93-286,
Slater & Light [2013] FamCAFC 4.
Division: Division 2 Family Law Number of paragraphs: 91 Date of hearing: 8 and 18 December 2023 Place: Adelaide Counsel for the Applicant: Mrs Read on 18 December 2023 Solicitor for the Applicant: Comley Legal Counsel for the Respondent: Mrs Tinning on 8 December 2023 Counsel for the Respondent: Ms Boyle on 18 December 2023 Solicitor for the Respondent: Websters Lawyers Solicitor for the Independent Children's Lawyer: Phillips Green & Associates ORDERS
ADC 4345 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MAIRE
Applicant
AND: MR TATROS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
14 DECEMBER 2023
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
1.The child X born in 2023 (‘the child’) live with the mother.
2.The parties forthwith do all such things to register at the B Contact Centre at City D for acceptance into the Supervised Time Spending Program (‘the said Program’) and do complete all necessary documentation and preconditions for such acceptance.
3.Upon the parties’ acceptance into the said Program, the child do spend time with the Father on such dates and times as directed by the Coordinator of the said Service.
4.The parties do follow all directions and requests made by the Coordinator of the said Service in relation to the supervised time visits.
5.Upon the conclusion of three (3) supervised time spending visits, the father is at liberty to have the paternal grandmother Ms E attend at and participate in such supervised visits.
6.Upon the completion of six (6) supervised time spending visits, the father do obtain at his sole expense an Observational Report from the said service and with such report to be filed under cover of Affidavit within seven (7) days of its receipt.
7.Pending acceptance into the said B Contact Centre, the child do spend supervised time with the father on dates and times supervised by such professional supervisor as agreed between the parties and the Independent Children’s Lawyer in writing or if no agreement then by such professional supervisor nominated by the Independent Children’s Lawyer and…
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CaseChat Overview and Summary
The court examined the allegations of family violence and child protection concerns raised by both parents. It considered the Interim Intervention Order and the current living arrangements, where the child was living with the mother. The court also assessed the necessity of supervised visits for the father, given the allegations of violence and the need to protect the child. It ordered that the child would live with the mother and that the father would have supervised visits, subject to conditions to ensure the child's safety. Additionally, the court invited the Department for Child Protection to intervene and prepare a report regarding the parenting arrangements.
The court ruled that the child should live with the mother, with the father having supervised visitation through a specified program. The court also imposed various restrictions on both parents to protect the child, including prohibitions on physical discipline, substance use, and discussing the proceedings with the child. The court further mandated that both parents complete specific parenting programs and that the mother undergo a psychiatric evaluation. The proceedings were adjourned to allow for the completion of these requirements and the preparation of further reports by child protection services. The final orders included detailed directives for the parents, the Independent Children’s Lawyer, and the Department for Child Protection to ensure the child's well-being.
Orders
Orders of the court
ADC 4345 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS MAIRE
Applicant
AND:
MR TATROS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
14 DECEMBER 2023
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
1. The child X born in 2023 (‘the child’) live with the mother.
2. The parties forthwith do all such things to register at the B Contact Centre at City D for acceptance into the Supervised Time Spending Program (‘the said Program’) and do complete all necessary documentation and preconditions for such acceptance.
3. Upon the parties’ acceptance into the said Program, the child do spend time with the Father on such dates and times as directed by the Coordinator of the said Service.
4. The parties do follow all directions and requests made by the Coordinator of the said Service in relation to the supervised time visits.
5. Upon the conclusion of three (3) supervised time spending visits, the father is at liberty to have the paternal grandmother Ms E attend at and participate in such supervised visits.
6. Upon the completion of six (6) supervised time spending visits, the father do obtain at his sole expense an Observational Report from the said service and with such report to be filed under cover of Affidavit within seven (7) days of its receipt.
7. Pending acceptance into the said B Contact Centre, the child do spend supervised time with the father on dates and times supervised by such professional supervisor as agreed between the parties and the Independent Children’s Lawyer in writing or if no agreement then by such professional supervisor nominated by the Independent Children’s Lawyer and with the costs of such supervision to be borne solely by the father.
8. Within twenty-eight (28) days of the date hereof, the father do use his best endeavours to provide to the Independent Children’s Lawyer copies of all reports in respect to his participation in the Abuse Prevention Program at the City G Court.
9. Pursuant to section 91B of the Family Law Act 1975 (Cth), the Chief Executive of the Department of Child Protection is invited to intervene in these proceedings.
10. The Department for Child Protection is requested to prepare a Parent Assessment Report regarding the parenting arrangements for the child.
11. A copy of these orders is to be served upon the Chief Executive the Department of Child Protection, along with a copy of the Child Impact Report of Child Expert F dated 20 November 2023 and a copy of these Reasons dated 20 December 2023.
12. The Chief Executive be at liberty to inspect and copy all documents filed in these proceedings, and if necessary, the Independent Children’s Lawyer is permitted to provide the Department copies of all relevant Court documents on the Court file (including the Child Impact Report) to assist in the preparation of the said Parent Assessment Report.
13. The Chief Executive, or a representative of the Chief Executive, is to attend on the adjourned date, even if the Chief Executive determines not to intervene, so as to advise what steps the Chief Executive proposes to take in respect of the child in these proceedings where neither parent may be an appropriate caregiver.
AND THE COURT FURTHER ORDERS BY CONSENT THAT:
14. The parties are restrained, and injunctions are hereby granted restraining each of them from:
(a) Physically disciplining the child and from allowing any other person to do so;
(b) Abusing, denigrating, assaulting or harassing the other parent, their partner or members of their family and from allowing or encouraging any other person to do so;
(c) Discussing these proceedings or any issues raised in these proceedings with or in the presence or hearing of the child and from allowing any other person to do so;
(d) Discussing the father’s criminal prosecution/charges and terms of incarceration in the presence of or directly with the child or allowing any other person to do so;
(e) Discussing these proceedings or any issues raised in these proceedings, including the father’s criminal prosecution/charges on any social media site;
(f) Consuming illicit substances, twenty-four (24) hours prior to and while the child is in their respective care; and
(g) Consuming alcohol to excess while the child is in their respective care.
15. The mother is restrained, and an injunction is hereby granted restraining her from re-locating the child’s primary residence from the City G Metropolitan area.
16. The parties do forthwith enrol in and complete the H and J parenting programs and file and serve their respective certificates of completion for the said course.
17. Within twenty-eight (28) days of the date hereof the father file and serve an updating affidavit of no more than five (5) pages in length addressing the progress of his charges in the criminal jurisdiction and annexing a copy of the Charge Information Sheet.
18. The mother shall attend upon Dr K psychiatrist for the purposes of undertaking a medico-legal psychiatric evaluation report with the cost of such evaluation to be borne by the mother.
19. The Independent Children’s Lawyer shall provide Dr K with a letter of instruction as well as copies of all documents filed by the parties, Orders made by the Court and a copy of the Child Impact Report no later than seven (7) days prior to the mother’s appointment with Dr K.
20. The solicitor for the mother file and serve a copy of the report of Dr K within seven (7) days of receiving the same NOTING THAT such report should be available in February/March 2024.
21. Within seven (7) days the parties provide to each other’s solicitor and Independent Children’s Lawyer details of the child’s treating medical professionals.
22. The mother do all such things and sign all documents necessary to facilitate the child’s attendance upon ‘L Psychology’ for the purposes of obtaining a Global Development Assessment (‘the Assessment’), with costs of the Assessment to be shared equally between the parties.
23. The father is at liberty to provide information in relation to the child to the practitioner at ‘L Psychology’ undertaking the said Assessment and that this order serves as an Authority enabling him to so do.
24. In the event the Assessment is cancelled or varied, the mother shall inform the father’s solicitors and Independent Children’s Lawyer within forty-eight (48) hours and shall forthwith reschedule the appointment to the first available appointment.
25. The mother do provide to the father and the Independent Children’s Lawyer with a copy of the Assessment forthwith and do file and serve a copy of the same within fourteen (14) days of receipt of same.
26. The parties do follow all recommendations made in the Assessment for the child’s ongoing treatment.
27. No later than seven (7) days prior to the adjourned hearing date, the parties do file and serve an updating Affidavit of no more than five (5) pages in length.
28. No later than seven (7) days prior to the adjourned date, the parties and legal representative and the Independent Children’s Lawyer attend a Family Dispute Conference at the Legal Services Commission of South Australia on a date and time nominated by the Independent Children’s Lawyer following the release of the Observational Report from the Children’s Contact Service.
29. The proceedings be adjourned for directions to 8 May 2024 at 9:30am, such hearing to take place in open Court on a face-to-face basis in accordance with Court protocols.
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
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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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