MALONE & MALONE

[2013] FCCA 1243

FEDERAL CIRCUIT COURT OF AUSTRALIA

MALONE & MALONE [2013] FCCA 1243

Catchwords:
FAMILY LAW – Children – Parenting Orders – Interim Orders – best interests of the children – parental responsibility – sole parental responsibility – where equal shared parental responsibility does not apply – where Apprehended Domestic Violence Order in force until 21 January 2014 – need to protect children from harm – supervision – appointment of Independent Children’s Lawyer – three children all aged under four years.

Legislation:
Family Law Act 1975 (Cth), ss.60CA, 60CC, 61DA, 61DB, 68L

Cases cited:
B & B (Access) (1986) FLC 91-758
Oakley & Cooper [2009] FamCAFC 133
Re K (1994) 17 Fam LR 537; FLC 92-461

Applicant: MS MALONE

Respondent: MR MALONE

File Number: SYC 1593 of 2013

Judgment of: Judge Scarlett

Hearing date: 8 August 2013

Date of Last Submission: 8 August 2013

Delivered at: Sydney

Delivered on: 9 August 2013

REPRESENTATION

Counsel for the Applicant: Mr Gould

Solicitors for the Applicant: Pigdon Norgate

Counsel for the Respondent: Ms Wright

Solicitors for the Respondent: AMH Lawyers

ORDERS

UNTIL FURTHER ORDER:

1. The Applicant Mother is to have sole parental responsibility for the children [X] born [in] 2010, [Y] born [in] 2011 and [Z] born [in] 2012 including making decisions about major long term issues relating to the care, welfare and development of the children.

2. The children [X], [Y] and [Z] are to live with the mother.

3. The children are to spend time with the Respondent Father as follows:

   (a)On the Saturday of the fourth weekend in each month commencing 24 August 2013 for a period of two hours at times to be arranged between the parties such times to be supervised at the father’s expense by:

   (i)South-West Contact Service; or

   (ii)Phoenix Rising; or

   (iii)Dial an Angel; or

   (iv)Such other contact service as the parties may agree.

   (b)By telephone for a period of ten minutes between the hours of 8:00 am and 9:00 am:

   (i)on each Saturday other than the fourth Saturday of each month;

   (ii)on Father’s Day;

   (iii)on Christmas Day;

   (iv)on the father’s birthday;

   (v)on each of the children’s birthdays;

   (vi)on St. Patrick’s Day; and

   (vii)on Easter Sunday.

4. When the children are spending time with the father in accordance with these Orders:

   (a)The father is restrained from physically disciplining any of the children by hitting them or striking them and will use his best endeavours to ensure that any third party does not physically discipline the children; and

   (b)The father must ensure that he feeds the children their neocate 1cp formula as prescribed by the Commonwealth Health Department.

5. The father must do all things necessary to enrol in a parenting course provided by Relationships Australia within one (1) month from the date of these Orders and commence attending such course once the course is due to commence.

6. Each of the parents and their servants or agents is hereby restrained from removing or attempting to remove or causing or permitting the removal of all or any of the children [X] born [in] 2010,…