McDruitt and Van - [2009] FamCA 788

FAMILY COURT OF AUSTRALIA

MCDRUITT & VAN

[2009] FamCA 788

FAMILY LAW – CHILDREN – Expert Report – “Systems Abuse”

Family Law Act 1975 (Cth)

APPLICANT:

Ms McDruitt

RESPONDENT:

Mr Van

FILE NUMBER:

BRC

14454

2007

DATE DELIVERED:

17 July 2009

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Brisbane

JUDGMENT OF:

Murphy J

HEARING DATE:

17 July 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Rhonda Sheehy and Associates

COUNSEL FOR THE RESPONDENT:

Mr Byrne

SOLICITOR FOR THE RESPONDENT:

SBA Family Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDRENS LAWYER:

Grant & Associates

Orders

IT IS ORDERED BY CONSENT THAT

Pursuant to Rule 10.17 of the Family Law Rules 2004, Orders, declarations and notations be made in terms of the document titled “Minutes of Consent” sealed and attached hereto.

IT IS ORDERED THAT:

The matter is adjourned to the Magellan Registrar at 2.00 pm on 20 November 2009, in the Brisbane Registry of the Family Court of Australia, for the making of directions and listing the matter to final hearing, and that such hearing by conducted by telephone.
AND IT IS REQUESTED THAT the parties communicate with the Magellan Registrar electronically at the e-mail address … at least two clear days prior to the directions hearing date and provide details of the legal practitioner whom will be attending the directions hearing and the telephone number they can be contacted on.
The parties do all such things, sign all such documents, pay all such fees and attend all such consultations as might be necessary so as to permit a Psychiatrist nominated by the Independent Children’s Lawyer to prepare a report in respect of the parties.

IT IS FURTHER ORDERED THAT

Pursuant to s 65DA(2) and s 62B, 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 and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

IT IS DIRECTED THAT

The Minutes of Consent remain upon the Court file.

MINUTES OF CONSENT

IT IS ORDERED BY CONSENT UNTIL FURTHER ORDER THAT

The father’s time with the child presently supervised at the [G] Contact Centre shall continue.

In addition to the father’s time at the Contact centre the father shall have time away from the Contact Centre, for up to 4 hours, supervised by a supervisor agreed between the parties in writing.

When the father is having time pursuant to order two (2) the first 30 minutes and the last 30 minutes of such the time shall occur at the Contact Centre.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 14454 of 2007

MS MCDRUITT

Applicant

And

MR VAN

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

The child the subject of these proceedings, a…

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 McDruitt and Van

Details

AGLC: McDruitt and Van [2009] FamCA 788
Case: [2009] FamCA 788
Decision Date: 17 July 2009

CaseChat Overview and Summary

In the matter of *McDruit and Van*, heard before Murphy J of the Family Court of Australia, the parties sought orders by consent concerning parenting arrangements for a child. The dispute centred on the terms of supervised contact between the father and the child, and the conditions under which this contact would occur.

The court was required to determine the specific terms of the consent orders, including the continuation of supervised contact at a designated centre, the allowance for additional supervised time away from the centre, and the duration and location of such extended contact. The court also needed to ensure that the orders clearly articulated the obligations of the parties and the potential consequences of contravention, as well as facilitate the preparation of a psychiatrist's report concerning the parties.

Murphy J made orders by consent, reflecting the agreement of the parties. These orders stipulated that the father's supervised time with the child at the [G] Contact Centre would continue. Furthermore, the father was permitted additional supervised time away from the centre, for up to four hours, with a supervisor agreed upon by the parties. A condition was imposed that the initial and final 30 minutes of this extended supervised time must take place at the Contact Centre. The court also ordered that particulars of the obligations, consequences of contravention, and sources of assistance be set out in an attached Fact Sheet, and that the Minutes of Consent be retained on the court file. The matter was adjourned for directions and listing for final hearing, with a direction for the hearing to be conducted by telephone.

Orders

Orders of the court

IT IS ORDERED BY CONSENT THAT

Pursuant to Rule 10.17 of the Family Law Rules 2004, Orders, declarations and notations be made in terms of the document titled “Minutes of Consent” sealed and attached hereto.

IT IS ORDERED THAT:

The matter is adjourned to the Magellan Registrar at 2.00 pm on 20 November 2009, in the Brisbane Registry of the Family Court of Australia, for the making of directions and listing the matter to final hearing, and that such hearing by conducted by telephone.

AND IT IS REQUESTED THAT the parties communicate with the Magellan Registrar electronically at the e-mail address … at least two clear days prior to the directions hearing date and provide details of the legal practitioner whom will be attending the directions hearing and the telephone number they can be contacted on.

The parties do all such things, sign all such documents, pay all such fees and attend all such consultations as might be necessary so as to permit a Psychiatrist nominated by the Independent Children’s Lawyer to prepare a report in respect of the parties.

IT IS FURTHER ORDERED THAT

Pursuant to s 65DA(2) and s 62B, 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 and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

IT IS DIRECTED THAT

The Minutes of Consent remain upon the Court file.

MINUTES OF CONSENT

IT IS ORDERED BY CONSENT UNTIL FURTHER ORDER THAT

The father’s time with the child presently supervised at the [G] Contact Centre shall continue.

In addition to the father’s time at the Contact centre the father shall have time away from the Contact Centre, for up to 4 hours, supervised by a supervisor agreed between the parties in writing.

When the father is having time pursuant to order two (2) the first 30 minutes and the last 30 minutes of such the time shall occur at the Contact Centre.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.