FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Maxfield & Eliot [2023] FedCFamC2F 742
File number(s): BRC 9605 of 2021 Judgment of: JUDGE PARKER Date of judgment: 16 May 2023 Catchwords: FAMILY LAW – PARENTING – interim parenting application – review of orders of a Senior Judicial Registrar – risk – supervised time Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 62G, 69ZL Cases cited: Banks & Banks [2015] FamCAFC 36; (2015) FLC ¶93-637
Deiter & Deiter [2011] FamCAFC 82
Eaby & Speelman [2015] FamCAFC 104; (2015) FLC ¶93-654Goode & Goode [2006] FamCA 1346; (2006) FLC ¶93-286
M & M [1988] HCA 68; (1988) 166 CLR 69
Salah & Salah [2016] FamCAFC 100; (2016) FLC ¶93-713
Division: Division 2 Family Law Number of paragraphs: 32 Date of hearing: 16 May 2023 Place: Adelaide via Microsoft Teams Counsel for the Applicant: Appeared in Person Counsel for the Respondent: Appeared in Person Solicitor for the Independent Children's Lawyer: Ms Hawdon Solicitor for the Others: Ms Lam ORDERS
BRC 9605 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR MAXFIELD
Applicant
AND: MS ELIOT
Respondent
AND:
AND:
INDEPENDENT CHILDREN’S LAWYER
DEPARTMENT OF CHILDREN, YOUTH JUSTICE AND MULTICULTURAL AFFAIRS
Intervenor
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
16 MAY 2023
AMENDED 16 JUNE 2023UPON APPLICATION MADE TO THE COURT BY MICROSOFT TEAMS, THE APPLICANT IN PERSON, THE RESPONDENT IN PERSON, MS LAM FOR THE INTERVENOR AND MS HAWDON AS THE INDEPENDENT CHILDREN’S LAWYER
UPON NOTING THAT:
A.Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
THE COURT ORDERS THAT:
1.The orders of 19 December 2022 are discharged.
2.Until further order the Mother have sole parental responsibility for the children X born in 2016, Y born in 2017 and
Zborn in 2019 (“the children”).3.Until further order, the children live with the Mother.
4.Until further order, the parties do all acts and things required to enrol at a supervised contact centre as nominated by the Independent Children’s Lawyer and thereafter the Father spend supervised time at the contact centre on such days and at such times as the centre may facilitate NOTING THAT the Father is at liberty to bring the paternal grandmother to every second visit.
5.The Mother and the Father each undertake a psychiatric assessment, such assessment to be undertaken by a psychiatrist nominated by the Independent Children’s Lawyer.
6.The Mother and the Father each undertake a post-separation parenting course as nominated by the Independent Children’s Lawyer.
7.That pursuant to s.62G(2) of the
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CaseChat Overview and Summary
The legal issues the court needed to decide included the allocation of parental responsibility, the living arrangements for the children, and the conditions for any contact between the children and their father, Mr Maxfield. The court also had to consider the need for psychiatric assessments and parenting courses for both parents, as well as the appointment of a Court Child Expert to prepare a family report. Additionally, the court needed to address the mother’s partner’s involvement in caring for the children and the appropriate means of communication between the parents.
The court discharged the previous orders and granted sole parental responsibility to the mother, while allowing the father supervised contact with the children at a supervised contact centre. The court also ordered psychiatric assessments and parenting courses for both parents and required them to attend a family report preparation session with a Court Child Expert. Communication between the parents was to be conducted via a parenting app, with restrictions on the use of abusive language. The mother was restrained from leaving the children unsupervised in the care of her partner, and she was required to provide information about him to the court. The Independent Children’s Lawyer was excused from further participation in the proceedings.
The court’s final orders included the discharge of previous orders, the granting of sole parental responsibility to the mother, supervised contact for the father, and various requirements for psychiatric assessments, parenting courses, and communication between the parents. The orders also included provisions for the preparation of a family report and restrictions on the mother leaving the children unsupervised with her partner. The court’s decisions were based on the best interests of the children and the need to protect them from any potential harm.
Orders
Orders of the court
BRC 9605 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR MAXFIELD
Applicant
AND:
MS ELIOT
Respondent
AND:
AND:
INDEPENDENT CHILDREN’S LAWYER
DEPARTMENT OF CHILDREN, YOUTH JUSTICE AND MULTICULTURAL AFFAIRS
Intervenor
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
16 MAY 2023
AMENDED 16 JUNE 2023
UPON APPLICATION MADE TO THE COURT BY MICROSOFT TEAMS, THE APPLICANT IN PERSON, THE RESPONDENT IN PERSON, MS LAM FOR THE INTERVENOR AND MS HAWDON AS THE INDEPENDENT CHILDREN’S LAWYER
UPON NOTING THAT:
A. Pursuant to section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to an comply with an Order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these Orders.
THE COURT ORDERS THAT:
1. The orders of 19 December 2022 are discharged.
2. Until further order the Mother have sole parental responsibility for the children X born in 2016, Y born in 2017 and Z born in 2019 (“the children”).
3. Until further order, the children live with the Mother.
4. Until further order, the parties do all acts and things required to enrol at a supervised contact centre as nominated by the Independent Children’s Lawyer and thereafter the Father spend supervised time at the contact centre on such days and at such times as the centre may facilitate NOTING THAT the Father is at liberty to bring the paternal grandmother to every second visit.
5. The Mother and the Father each undertake a psychiatric assessment, such assessment to be undertaken by a psychiatrist nominated by the Independent Children’s Lawyer.
6. The Mother and the Father each undertake a post-separation parenting course as nominated by the Independent Children’s Lawyer.
7. That pursuant to s.62G(2) of the Family Law Act 1975, the parties and the children X born in 2016, Y born in 2017 and Z born in 2019 attend upon a Court Child Expert nominated by the Dispute Resolution Co-ordinator of the Federal Circuit and Family Court of Australia on a date and at time/s to be advised for the purposes of the preparation of a family report, with a request that such report be released by early September 2023.
8. The parties forward copies of all documents filed with the Court to the nominated report writer in accordance with the directions of the Court Children’s Service.
9. Unless otherwise ordered, no person shall release the Report, or provide access to the Report to any other person.
10. The parties communicate with each other using a parenting App as may be agreed between the parties or otherwise nominated by the Independent Children’s Lawyer, with communication to take place only in relation to matters pertaining to the children’s welfare and the parties each be restrained from using any abusive language in the course of those communications.
11. Until further order, the Mother be and is hereby restrained from leaving the children unsupervised in the care of her partner MR C.
12. Within 14 days, the Mother file and serve an affidavit setting out her partner’s full name and date of birth, the circumstances of their relationship, such details of his criminal history as are within her knowledge, and details of the time he has spent with the children.
13. The Intervenor is excused from further participation in the proceedings.
*Pursuant to Rule 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 this order is amended on 16 June 2023.
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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