MCCARTY & DAWSLEY

[2020] FCCA 1842

FEDERAL CIRCUIT COURT OF AUSTRALIA

MCCARTY & DAWSLEY [2020] FCCA 1842

Catchwords:
FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999 (Cth), s.39

Federal Circuit Court Rules 2001 (Cth), r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MR MCCARTY

Respondent: MS DAWSLEY

File Number: PAC 3052 of 2017

Judgment of: Judge Newbrun

Hearing date: 6 July 2020

Date of Last Submission: 6 July 2020

Delivered at: Parramatta

Delivered on: 6 July 2020

REPRESENTATION

Solicitors for the Applicant: Mr Shroder - Scb Legal Pty Ltd

Solicitors for the Respondent:	Ms Breust - Amanda Little And Associates Pty Limited
Independent Children’s Lawyer	Mrs Dhaliwal - Shorehills Legal Solicitors

ORDERS

1. These parenting proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 16 July 2020 at 10:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3052 of 2017

MR MCCARTY

Applicant

And

MS DAWSLEY

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s Order of 6 July 2020 that these parenting proceedings be transferred to the Family Court of Australia.

2. The subject children (2 girls) are aged 6, and 8 years.  Presently the children live with the mother, and spend time with the father.

3. An Independent Children’s Lawyer has been appointed to represent the children in the parenting proceedings.

4. Dr B, clinical psychologist, prepared a single expert report in relation to the family dated 17 April 2020.  It is a report of 60 pages. It is apparent from the contents of this report that these proceedings are both complex and will take in excess of four days of final hearing to determine.

Issues in dispute

1. The issues in the parenting dispute include the following:

   i)The nature and extent of the mother and father’s mental health, and its effect upon their parenting capacity.  It is alleged that the father attempted suicide on three occasions.  It is alleged that the father has had psychiatric hospital admissions.

   ii)Whether the father perpetrated severe and chronic family violence against the mother and the children during the relationship, including alleged physical violence. 

   iii)Whether the father has had significant issues with illicit drug use, including cocaine use.

   iv)Whether the mother perpetrated family violence against the father.

   v)Whether the mother withheld the children from the father on numerous occasions, and whether the mother has psychologically manipulated the children against the father.

   vi)Whether the mother is in a violent relationship with her partner.

   vii)The nature and extent of a violent incident involving the parties and their respective partners on 7 April 2019, with the children present.

   viii)Whether the mother was charged on 22 April 2019 with reckless grievous bodily harm and assault occasioning actual bodily harm, arising out of the above…