Meade and Meade

[2008] FamCA 675

FAMILY COURT OF AUSTRALIA

MEADE & MEADE [2008] FamCA 675

FAMILY LAW – CHILDREN – With whom a child lives – with whom a child spends time – contravention – child removed from boarding school by mother contrary to interim orders – mother drug dependent – child to be returned to boarding school – mother and father to share costs of boarding school – school holidays equal shared basis – mother to have no telephone communication – written communication – listed for further hearing.

APPLICANT: Mr Meade

RESPONDENT: Ms Meade

FILE NUMBER: BRF 6684 of 1999

DATE DELIVERED: 7 July 2008

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 7 July 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: The father appears on his own behalf

COUNSEL FOR THE RESPONDENT: The mother appears on her own behalf

SOLICITOR FOR INDEPENDENT

CHILDREN’S LAWYER:

Mr Williams, Solicitor of Williams Lawyers appears as the Independent Children’s Lawyer

orders

IT IS ORDERED UNTIL FURTHER ORDER THAT:

1. By 5.00 pm on 13 July 2008, the child, X born … January 1995 is to be returned to S School at T in the State of Queensland.

2. The Mother and Father to share the cost of the child attending S School.

3. The Father and Mother to spend time with the child during the school holidays on an equal shared basis.  In the event the parties cannot agree then the Father to spend time with the child for the first half of the school holidays with the Mother to spend time with the child in the second half of the school holidays.

4. The Mother to have no telephone communication with the child.

5. The Father and Mother to have written communication with the child.

IT IS ORDERED THAT:

1. The proceedings be listed for trial for two days commencing 10.00 am on 24 September 2008 at the Brisbane Registry of the Family Court of Australia.

2. Leave is given to the Independent Children’s Lawyer to issue subpoenae to the child’s school to obtain school reports and to the Mother’s medical practitioner Dr A.

3. Leave is given to the Independent Children’s Lawyer to release any material required including transcripts of proceedings to Dr L to update his report.

4. Pursuant to s 62B and s 65DA(2), 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 to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF6684 of 1999

MR MEADE

Applicant

And

MS MEADE

Respondent

REASONS FOR JUDGMENT

1. This matter proceeded to a trial between 26 and 29 November last year.  On 30 November, for reasons given at the time, I put in place interim orders that the two children of the parties, T born in June 1993 and X born in January 1995, live with the father. 

2. The children were to spend time with the mother at such times and places and on such terms as the parties may mutually agree in writing.  In the event the parties were unable to agree then the mother was to spend time with the children in relation to T at such times as he may elect, in relation to the child X at such times and subject to such conditions as may be recommended by Dr L.  In relation to X if either party disagrees with the recommendations of Dr L then the mother was to spend time as may be further determined by the Court.

3. The father was to have sole responsibility for the long-term care, welfare and development of the children.  The mother was to have responsibility for the children at agreed times when they were in her care.  There was provision for telephone contact.  The mother could write to the children and send gifts.  The father was not to change the children's present schooling without the mother's permission or leave of the Court and I proposed that the final determination of the matter be adjourned to a date when Dr L was satisfied:

   a)The mother has successfully completed a multi-disciplinary program for detoxification or is otherwise no longer drug dependent.

   b)When the Court may otherwise determine to relist the matter.

   c)When requested so to do by the Independent Children's Lawyer.

   There were various other orders about relisting and the mother seeing the children on Christmas Day.

4. It is trite to say that the child ran away from the father's house and returned to the mother's house.  Recovery orders issued.  The matter was brought back on before me on 27 February 2008.  The further reasons I gave at that time, it was agreed the children would have week-about time with the mother and the father and the child continue to attend the same school.

5. There was a transcript made of the appearances on that day and the Independent Children's Lawyer asked:

   So that young [X] is aware of what's going on I would seek an order of the Court that the Independent Children's Lawyer be authorised to explain the orders to [X] in connection with the social worker.

   The social worker was Ms M.  Mr Williams has given his account of what happened when they attended at the school to do that, the child's persona completely changed.

6. In relation to the agreement  of the parties to comply with the arrangements that were proposed I said:

   Anything further from you, [Ms Meade]? 

   No, as I said, I'm willing to cooperate and to give this a go.

   By myself:

   Look me in the eye and tell me you will comply with these orders.

   Mrs Meade:

   I will comply with these orders.

   By me:

   It doesn't matter what [X] says, you will comply with these orders?

   I will.

7. 21 March this year was Good Friday, the start of the traditional Easter break.  It was not the school holidays, the school holidays were going to commence in April, Easter being so early that year.  But the situation was such that it was the father's turn to collect the child on the Friday pursuant to the arrangements that had been put in place in the hearing on 27 February.  The mother collected the child on the Thursday.

8. There is a letter from the school which has been produced.  This letter is dated Maundy Thursday, that is 20 March.  The letter is from the school principal, it is addressed to the Independent Children's Lawyer:

   This is to confirm my telephone conversation with you this afternoon.  Despite two conversations I have had with [the mother] today which have been aimed of upholding the terms of the current Court order she has arrived at the boarding house and has taken [X] with her.  This is 24 hours before the due handover time as per the Court order which indicates a Friday to Friday week-about arrangement for the two parties.  Prior to this, Head of Boarding, [Ms F] had spoken to [X] who was keen to adhere to the terms of the Court order, although when her mother insisted on taking her she was happy to leave with her.  I have notified [the father] of this action.  Yours sincerely.

   In complete defiance of the arrangements put in place on 27 February, a little over three weeks later, the mother has breached the agreement.  For the whole of the second term commencing about 18 April the child has continued to live with the mother on a full-time basis.

9. The father says he has been told in a phone call from X to her brother T.  This must have been after the report cards were out for the respective schools for first term.  X said:

   You got Ds.  D is for dumb.

   And T has reported to his father that the mother was laughing in the background and calling out:

   Good on you, [X].

   Extraordinarily, I find that the mother says she does not recall making those statements.  It is a very unusual way of putting it.  I would have thought that with that type of remark, if her daughter was saying that to her son the mother would emphatically interject and tell her that was totally unacceptable.  She does not deny it happened, she simply says she does not recall.  X then engaged in sending messages to a friend of T’s:

   You're gay with my brother.

10. The mother phoned the father around Easter time demanding that he draw up a letter to the effect X does not have to go to boarding school.  I accept that evidence from the father.  Well, it was not evidence, but I accept the tenor of it given from the Bar table.

11. The mother phoned the paternal grandmother.  The father says he has been told the phone call was at midnight, the mother says she thought it was 10.30 pm.  But the mother was making threats that X does not have to return to boarding school and the paternal grandmother should ensure she does her bit to ensure that does not happen.

12. The father summed up the situation quite succinctly when he said:

    When the mother is okay with [T], [X] is okay with [T].

    That appears to be the ongoing pattern.  I can say that I have found the father to be honest in the extreme.  He is very measured in his responses.

13. The mother informs the Court she is now off Oxycontin and is now prescribed 40 milligrams of Methadone daily.  That commenced some six to eight weeks ago.  The prescribing medical practitioner is Dr A, who has been the mother's general practitioner of longstanding.  I will be requesting the Independent Children's Lawyer to subpoena Dr A’s file so that records of all consultations between the mother and Dr A since this matter ceased can be made available, together with records of all prescriptions that have been produced.

14. The father, sadly, has had no time with X.  Sadly, the mother has precious little time with T, although she did turn up at the father's house about a month ago and T went out and spoke to the mother and X and received some clothes that the mother had acquired for him. The child X phoned the father and told him to

    F off and leave us alone.

15. I have constantly had in my mind the psychiatric evidence that was received at the trial in the form of I think three reports from Dr L.  The major diagnosis of Dr L in diagnosing the mother was substance abuse and what he referred to as somatisation.  Somatisation was to the effect that the mother does not have real pain, actual physical pain, it is a form of phantom pain that is real enough in terms of requiring treatment, but it has no organic basis.

16. Dr L’s diagnosis reflected an opinion by a psychiatrist given some 10 years earlier and that was Dr P.  Dr P was searingly accurate in his diagnosis, considering the involvement he had with the mother back in December 1998.  These reports were contained in medical records of the mother which had been subpoenaed.

17. At paragraphs 40 and onwards of my reasons delivered on 30 November I quoted what Dr P had to say.  He said:

    Her family history was that her mother had apparently suffered some form of anxiety of hypochondriacal disorder over a period of many years.

    I pause to observe that it appears that the mother has a totally dysfunctional relationship with her mother and her sister.  She is completely alienated from them.  She does have the support of her father, who has from time to time attended Court, but as I placed on the record when I was making observations somewhat critical of the mother the father was behind her nodding his head vigorously in agreement.

18. I return to paragraph 41 where I quoted Dr P’s further observations:

    On mental state examination she presented as somewhat elated and discursive, suggesting possible histrionic personality traits, but presented well from an affective and cognitive perspective.  I was a little concerned about the severity of her anger attacks and thought that this was an area that may need to be pursued in therapy.  Diagnostically, I think on Axis One she has a largely treated major depression.  There is a probability of a significant sumata? form disorder and substance use disorder currently in remission. 

    On the Axis to mixed personality traits he went on to observe:

    I feel that her situation is quite a difficult one and that she is likely to require a multi-pronged approach utilising continuing medications, possibly with adjunctive mood stabilisers.

19. The evidence would indicate that the mother's addiction to Oxycontin was only one of the concerns about her difficulties.  It was a major one.  I remember being greatly impressed with Dr L’s observation that those who attend at the rehabilitation centre to undergo this detoxification course he said:

    There are no old people doing that course.

    When asked to explain he just said:

    They're no longer with us.

    Such is the effect of long-term use of serious narcotics.  It is a positive note that the mother now seemingly is being withdrawn from narcotics and is taking Methadone.

20. However, the mother displays a number of other characteristics.  I am not purporting to give a medical diagnosis here, but there are references to this in the various reports of Dr L and/or Dr P.  I am satisfied the mother displays histrionic personality traits.  She suffers profound jealousy.  The relationship between the father and his children was magnificent.  For years after separation the parties travelled together and he was invited to the mother's residence.  It all came unstuck at the very moment that the mother became aware that he had formed a relationship with his current partner.

21. The mother appears to suffer severe anger attacks.  Her abusive telephone calls and some of her displays in Court are but mere examples of that.  She appears to suffer mood swings and, again, Dr P is recommending that she take medication for mood stabilisation.

22. There has been the suggestion of major depression, but that was perhaps disguised by the drug dependence and the somatisation.  "Disguised" is not the right word.  It was misdiagnosed perhaps.  But the mother certainly appears to function intellectually and there is a question mark over the need for ongoing treatment for depression.

23. The other quality that I have noted, which has not been referred to - and as I say, I do not purport to give a medical diagnosis - but it is something that the doctors occasionally refer to as projection.  The mother projects onto others problems that she herself exhibits.  Two examples from this morning when she said:

    [The father] has sabotaged the arrangements.  He has a mindset to punish his daughter.

    The father has not sabotaged any of the arrangements.  I would hold the mother fairly and squarely to blame for sabotaging arrangements on a wide range of fronts.  This is at the stage where assurances she gives can no longer be trusted.  It is very unfortunate and it is somewhat sad that I have to make that observation.  The mother went on this morning to say she is the one who has tried to foster a good relationship between father and daughter.  Nothing, nothing could be further from the truth.

24. I am concerned that young X, a very bright, talented student in the first year of high school, will be adversely affected by constant exposure to the mother's personality, characteristics which I have just adverted to. The mother's influence on the child is powerful and pervasive.  If it could have been balanced by time with the father I would have been more amenable to accepting such an arrangement that the child would have enough insight to be able to discern between the two households.

25. Unfortunately, that arrangement which was put in place only as recently as late February this year has totally broken down.  The best suggestion that I can come up with is that the child be placed back in boarding school.

    RECORDED  :  NOT TRANSCRIBED

26. Well, I am going to say that in the interests of the child the parents should share the costs of the boarding school, but the child is to be returned to boarding school forthwith and is to remain there.  School holidays are to be shared.  In the event the parties cannot agree then the father is to have the child for the first half of the school holidays, the mother the second half of any school holiday periods.  There is to be no phone communication by the mother to the child.  Either party may write to the child.

27. I will hear the parties and I will hear the Independent Children's Lawyer on any variations to this.  It is only fair that if I am going to put in place changed arrangements that I hear them, but the order is there, the child will be going back to boarding school.  What level of communication there should be between the parents and the child is a matter that I will hear submissions on.  I have given my indication.

28. I would request the Independent Children's Lawyer to obtain school reports from the school, to obtain the medical records that I have indicated.  I caution the mother to comply with these orders.  I am not seeking her cooperation.  I am telling her and I am demanding it.  Because if contravention proceedings are brought my patience is exhausted.  The orders are clear, the breach is blatant.  The mother may care to go and get legal advice on this aspect.  But the consequences of breaching Court orders in these terms can be very serious indeed and can lead to a loss of freedom.

29. I would request the Independent Children's Lawyer to obtain an updated report of Dr L.  It is up to Dr L whether he wishes to see the parties.  I do not purport to tell him how to write reports or orders needed for the production of a report, but I would express the view that nothing has changed significantly from the evidence that he gave at trial.  It would be perhaps sufficient for him to be briefed on the papers.  Transcripts are available and can be made available to the Independent Children's Lawyer, judgments, the letter from the school which is exhibit 1, Mr Williams' own observations.  I think one of those observations is to the effect that he has spoken to the child and he has heard the mother coaching the child in the background.

    RECORDED  :  NOT TRANSCRIBED

30. I caution the mother not to write to me personally as the Judge, that is totally unacceptable, has been for hundreds and hundreds of years, if not for all time.  The child is also not to write to the Judge.  That could perhaps be communicated to her.

31. I propose to adjourn this matter when that subpoenaed material is received - further report of Dr L is received. 

    RECORDED  :  NOT TRANSCRIBED

32. 24 September and 25 September.  That is a Wednesday and a Thursday.  I will hear evidence from Dr L if necessary, I will hear evidence from the parties, evidence from the school, Ms M. 

    RECORDED  :  NOT TRANSCRIBED

I certify that the preceding thirty two (32) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry

Associate: 

Date: