Mancari & Padova

Case [2022] FedCFamC2F 1593


Federal Circuit and Family Court of Australia

(DIVISION 2)

Mancari & Padova [2022] FedCFamC2F 1593

File number(s): PAC 4103 of 2018
Judgment of: JUDGE MORLEY
Date of judgment: 22 November 2022
Catchwords: FAMILY LAW – final parenting orders – indefinite supervision – significant and sustained family violence during the relationship and after separation by the Father – evidence by way of recordings of verbal threats to harm and kill Mother in presence of child – corroborating evidence in Mother’s case by third party witness who was a stranger to the parties at the time – sustained and repeated threats made by Father to turn the child against the Mother – Father a witness of poor credit – child spending fortnightly supervised time with Father pursuant to interim orders – Court finds there to be no indication on the evidence that the unacceptable risk to child will abate in the future – where single expert witness recommends ongoing supervised time in the matter’s circumstances – consideration of authorities on indefinite supervision – Court finds the risk to the child when only having ‘identity’ time with Father to be worse than ongoing supervision –monthly indefinite supervision ordered.
Legislation:

Evidence Act 1995 (Cth), s 140

Family Law Act 1975 (Cth), ss 11, 60B, 60CA, 60CC, 61DA, 65D, 65DA, 65DAA, 65DAB, 68B, 128

Federal Circuit Court Rules 2001 (Cth), r 15.28

Criminal (Sentencing Procedure) Act 1999 (NSW), ss 9, 10

Cases cited:

A & A & The Child Representative [1998] FamCA 25

Betros & Betros [2017] FamCAFC 90

Briginshaw v Briginshaw (1938) 60 CLR 336

Godfrey & Sanders (2007) 208 FLR 287

Gorman & Huffman And Anor [2016] FamCAFC 174

Grella & Jamieson [2017] FamCAFC 21

Harridge and Anor & Harridge and Anor [2010] FamCA 445

In the Marriage of B (1993) 112 FLR 45

Isles & Nelissen [2022] FedCFamC1A 97

Johnson & Page [2007] FamCA 1235

KB & TC [2005] FamCA 458

M & M (1988) 166 CLR 69

M v M (1988) 166 CLR 69

M v S [2006] FamCA 1408

Mazorski & Albright [2007] FamCA 520

McGregor & McGregor [2012] FamCAFC 69

Moose & Moose [2008] FamCAFC 108

Napier & Hepburn [2006] FamCA 1316

Slater v Light [2013] FamCAFC 4

Tait & Densmore [2007] FamCA 1383

W & W (Abuse Allegations: Unacceptable Risk) [2005] FamCA 892

Division: Division 2 Family Law
Number of paragraphs: 431
Date of hearing: 18 November 2020, 8-10 December 2020, 17-18 June 2021
Place: Sydney
Counsel for the Applicant: Mr Livingstone
Solicitor for the Applicant: Ark Law Lawyers
Counsel for the Respondent: Mr Longworth
Solicitor for the Respondent: Gordon & Barry Lawyers Pty Ltd
Counsel for the Independent Children's Lawyer: Ms Shea
Solicitor for the Independent Children's Lawyer: Legal Aid NSW

ORDERS

PAC 4103 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR MANCARI

Applicant

AND:

MS PADOVA

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:

JUDGE MORLEY

DATE OF ORDER:

22 November 2022

THE COURT ORDERS THAT:

1.That all previous parenting orders…

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Mancari & Padova [2022] FedCFamC2F 1593
Case
[2022] FedCFamC2F 1593
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CaseChat Overview and Summary

The case between Mr Mancari (the Father) and Ms Padova (the Mother) concerned final parenting orders regarding their son, X. The parents never married, and the Mother asserted that separation took place on a final basis on 22 August 2014. The Father, however, claimed that they separated in January 2015. The final hearing of this matter took place over five days in December 2020 and June 2021. The legal issues to be decided by the court were the best interests of the child, the risk of family violence, and the need for supervision during the time the child spends with the Father. The court found that the Father's conduct towards the Mother was threatening, abusive, and violent, and that the child was at risk of being exposed to the same unacceptable risks when spending time with the Father unsupervised. The court concluded that the permanent imposition of supervision upon the interaction between the child and his Father was warranted to protect the child from the unacceptable risks. The court made final orders that the child would live with the Mother, and that the Father would have supervised time with the child. The court also made orders restraining the Father from contacting the Mother and the child, and orders for the protection of the Mother and the child.

Orders

Orders of the court

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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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