FEDERAL CIRCUIT COURT OF AUSTRALIA
| MALAVE & RATCLIFFE (No.2) | [2017] FCCA 1074 |
| Catchwords: FAMILY LAW – Parenting – allegations of alienation – the court having previously made findings that this was a hybrid case of realistic estrangement, enmeshment and alienation – whether a change of residence should be ordered at this stage – whether one final effort should be made for child to spend time with mother. |
| Legislation: Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA |
| Cases cited: Pavli & Beffa [2013] FamCA 144; (2013) 48 Fam LR 677 |
| Applicant: | MS MALAVE |
| Respondent: | MR RATCLIFFE |
| File Number: | MLC 5843 of 2012 |
| Judgment of: | Judge Riley |
| Hearing dates: | 19, 20 and 21 December 2016 and 1 and 2 May 2017 |
| Date of last submission: | 2 May 2017 |
| Delivered at: | Melbourne |
| Delivered on: | 24 May 2017 |
REPRESENTATION
| Counsel for the applicant: | Mr Williams |
| Solicitors for the applicant: | Pearsons Lawyers Pty Ltd |
| Advocate for the respondent: | In person |
| Solicitors for the respondent: | None |
| Counsel for the independent children’s lawyer: | Mr Marchetti |
| Solicitors for the independent children’s lawyer: | Victoria Legal Aid |
UPON THE UNDERTAKING of Ms L of (omitted), in the State of Victoria (“Ms L”) until 2 November 2017 to supervise and facilitate X born on (omitted) 2004 (“X”) spending two hours per fortnight with her mother, or arrange for Ms M of (omitted), in the State of Victoria (“Ms M”) to do so,
AND UPON THE UNDERTAKING of Ms M until 2 November 2017 to supervise and facilitate X spending two hours per fortnight with her mother, or arrange for Ms L to do so,
THE COURT ORDERS THAT:
The mother post letters of apology to Ms L and Ms M.
Until further order, X spend two hours per fortnight with her mother under the supervision of Ms L or Ms M commencing on the fourth Sunday after the mother posts the letters of apology to Ms L and Ms M.
Until further order, X’s time with her mother be spent (hobby omitted) or engaged in such other activity as Ms L or Ms M reasonably chooses.
Until further order, the father facilitate X spending time with her mother pursuant to these orders, including by ensuring that suitable times and places are arranged, and by genuinely encouraging X to attend the sessions with her mother.
Each party have liberty to apply on short notice.
The matter be adjourned for final hearing on 1 November 2017 at 10am.
IT IS NOTED that publication of this judgment under the pseudonym Malave & Ratcliffe (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 5843 of 2012
| MS MALAVE |
Applicant
And
| MR RATCLIFFE |
Respondent
REASONS FOR JUDGMENT
Introduction
This is an application for parenting orders in respect of X, who was born on (omitted) 2004 (“X”) and Y born on (omitted) 2001 (“Y”). However, ultimately, no…
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- AGLC
- Malave and Ratcliffe (No.2) [2017] FCCA 1074
- Case
- [2017] FCCA 1074
- Decision Date
CaseChat Overview and Summary
The court was required to determine the terms of supervised contact between X and her mother, including the frequency, duration, and nature of these contact sessions. Furthermore, the court needed to address the father's role in facilitating this contact and the specific activities X and her mother should engage in during their time together.
Judge Riley ordered that the mother send letters of apology to Ms L and Ms M. Subsequently, X was to spend two hours per fortnight with her mother under the supervision of Ms L or Ms M. The supervised time was to be dedicated to specific activities, or others as reasonably chosen by the supervisors, and the father was directed to facilitate these arrangements by ensuring suitable times and places were organised and by encouraging X's attendance. The matter was adjourned for a final hearing.
Orders
Orders of the court
1.
The mother post letters of apology to Ms L and Ms M.
2.
Until further order, X spend two hours per fortnight with her mother under the supervision of Ms L or Ms M commencing on the fourth Sunday after the mother posts the letters of apology to Ms L and Ms M.
3.
Until further order, X’s time with her mother be spent (hobby omitted) or engaged in such other activity as Ms L or Ms M reasonably chooses.
4.
Until further order, the father facilitate X spending time with her mother pursuant to these orders, including by ensuring that suitable times and places are arranged, and by genuinely encouraging X to attend the sessions with her mother.
5.
Each party have liberty to apply on short notice.
6.
The matter be adjourned for final hearing on 1 November 2017 at 10am.
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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