Mawson and Redding - [2017] FCCA 2769

FEDERAL CIRCUIT COURT OF AUSTRALIA

MAWSON & REDDING

[2017] FCCA 2769

Catchwords:
FAMILY LAW – Parenting – risk of harm to child – mother’s illicit drug use – issues of credit – child to live with father – child to spend limited time with mother.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 60CC, 60CG

Cases cited:

Goode v Goode (2007) 36 FamLR 422
Janssen & Janssen (No.2) [2016] FamCA 796
Mazorski & Albright [2007] FamCA 520
McCall & Clark [2009] FamCAFC 92
MRR & GR [2010] HCA 4
Salah & Salah [2016] FamCAFC 100

Slater & Light [2011] FamCAFC 1

Starr & Duggan [2009] FamCAFC 115

Applicant:

MR MAWSON

Respondent:

MS REDDING

File Number:

PAC 5174 of 2015

Judgment of:

Judge Obradovic

Hearing dates:

5 and 6 June 2017

Date of Last Submission:

6 June 2017

Delivered at:

Parramatta

Delivered on:

21 November 2017

REPRESENTATION

Appearing for the Applicant:

Mr Storie

Solicitors for the Applicant:

Roderick Storie Solicitors

Appearing for the Respondent:

In person

Counsel for the Independent Children's Lawyer:

Mr Fermanis

Solicitors for the Independent Children's Lawyer:

Claremont Legal

ORDERS

All previous parenting orders with respect to the child X born (omitted) 2013 be discharged.
The father shall have sole parental responsibility for the child.
The child shall live with the father.
The child shall spend time with the mother as follows:
(a)each Sunday from 10:00am until 6:00pm.
To facilitate Order 4 above, the father shall deliver and collect the child from the mother’s residence.
The mother is hereby restrained by injunction from permitting the child to come into contact with Mr A or permitting or causing third parties to do so.
The mother is hereby restrained by injunction from consuming any illegal drugs 24 hours prior to spending time with the child and during the times the child spends with the Mother.
Within 7 days from the date of the making of these orders, the mother shall contact Wesley Brighter Futures (omitted) on (omitted) and request to be assessed for suitability to access the service.
In the event that the mother is deemed suitable by Wesley Brighter Futures (omitted) to participate in their services, the mother shall fully engage with the service and comply with all requests by staff of their service.
Remove all outstanding issues from the list of cases awaiting finalisation.

IT IS NOTED that publication of this judgment under the pseudonym Mawson & Redding is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 5174 of 2015

MR MAWSON

Applicant

And

MS REDDING

Respondent

REASONS FOR JUDGMENT

Introduction

These are final parenting proceedings with respect to the child X born (omitted) 2013. At the time of hearing, the child was not yet 4 years old.
The parties to the proceedings are the Applicant father, Mr Mawson and the Respondent mother, Ms Redding.
The child has been living with the father since February 2016.

Issues for Determination

Before the Court are competing applications between the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mawson and Redding

Details

AGLC: Mawson and Redding [2017] FCCA 2769
Case: [2017] FCCA 2769
Decision Date: 21 November 2017

CaseChat Overview and Summary

In the matter of *Mawson and Redding*, heard before Judge Obradovic, the dispute concerned parenting orders for a child born in 2013. The court was required to determine the most appropriate arrangements for the child's living situation, time spent with each parent, and parental responsibility, in light of concerns raised about the mother's conduct.

The central legal issues before the court were the allocation of parental responsibility, the child's residence, the nature and extent of the child's time with each parent, and the imposition of specific conditions and injunctions to ensure the child's safety and wellbeing. The court also considered the mother's engagement with support services.

Judge Obradovic discharged all previous parenting orders and made new orders granting the father sole parental responsibility and determining that the child shall live with the father. The mother was granted specific time with the child each Sunday, with the father responsible for transport. Crucially, the mother was restrained by injunction from permitting the child to come into contact with a Mr A and from consuming illegal drugs within 24 hours prior to and during her time with the child. The mother was also ordered to contact and engage with Wesley Brighter Futures if deemed suitable.

Orders

Orders of the court

All previous parenting orders with respect to the child X born (omitted) 2013 be discharged.

The father shall have sole parental responsibility for the child.

The child shall live with the father.

The child shall spend time with the mother as follows:

(a) each Sunday from 10:00am until 6:00pm.

To facilitate Order 4 above, the father shall deliver and collect the child from the mother’s residence.

The mother is hereby restrained by injunction from permitting the child to come into contact with Mr A or permitting or causing third parties to do so.

The mother is hereby restrained by injunction from consuming any illegal drugs 24 hours prior to spending time with the child and during the times the child spends with the Mother.

Within 7 days from the date of the making of these orders, the mother shall contact Wesley Brighter Futures (omitted) on (omitted) and request to be assessed for suitability to access the service.

In the event that the mother is deemed suitable by Wesley Brighter Futures (omitted) to participate in their services, the mother shall fully engage with the service and comply with all requests by staff of their service.

10.

Remove all outstanding issues from the list of cases awaiting finalisation.

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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