Monroe and Purdue - [2018] FamCA 25

FAMILY COURT OF AUSTRALIA

MONROE & PURDUE

[2018] FamCA 25

FAMILY LAW – CHILDREN – Interim Parenting orders – Where the child lives with the father and spends supervised time with the mother – Where the mother seeks an increase in the time she spends with the child and that some of that time be unsupervised – Where the single expert recommended that the mother complete a course of dialectical behaviour therapy before being permitted to spend unsupervised time with the child – Where a cautious approach should be taken when making interim parenting orders – Where it is in the best interests of the child for supervised time with the mother to continue pending the final hearing.

Family Law Act 1975 (Cth) ss 60CC, 61DA(3)

Goode and Goode (2006) FLC 93-286
Marvel v Marvel (2010) 43 Fam LR 348
SS v AH [2010] FamCAFC 13

APPLICANT:

Ms Monroe

RESPONDENT:

Mr Purdue

INDEPENDENT CHILDREN’S LAWYER:

Legal Aid NSW Bankstown Family Law

FILE NUMBER:

SYC

1376

2017

DATE DELIVERED:

25 January 2018

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Aldridge J

HEARING DATE:

22 January 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Kennedy

SOLICITOR FOR THE APPLICANT:

LegalHAND

COUNSEL FOR THE RESPONDENT:

Mr Blackah

SOLICITOR FOR THE RESPONDENT:

Jordan Djundja Lawyers

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Legal Aid NSW Bankstown Family Law

Orders

The Court notes:

The parties shall within seven days do all acts and things to enrol in and join My Family Wizard application (“the application”) and shall forthwith use the application for all parental communications.
The mother intends to enrol in and complete the Circle of Security course and commence Dialectical Behaviour Therapy (“DBT”) forthwith and continue her current treatment with Dr B.

The Court orders:

That, except in the case of an emergency, only the mother and the father are to attend medical appointments with the child.
Any medical appointments, other than in emergencies, are to be made outside the ordinary working hours of the father and at times that give both parents a reasonable opportunity to be present.
Notwithstanding the orders made on 28 April 2017 (which are otherwise to continue) the child shall not spend time with the mother on 30 and 31 January 2018 but instead the child is to spend time with the mother from 5.00 pm on 29 January 2018 to 4.30 pm on 30 January 2018, provided that the time is supervised by one of the supervisors permitted by the orders of 28 April 2017.
Notwithstanding anything in the orders of 28 April 2018, the child is to spend time with the mother from 8.00 am to 12.00 noon on Mother’s Day, such time to be supervised by the maternal grandmother.
The father is to do all acts and things necessary to provide written authority to C Group permitting supervised time to take place at Suburb D Aquatic Centre.
Upon having completed three months of DBT psychotherapy the mother shall authorise her DBT therapist to speak to Dr…

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 Monroe and Purdue

Details

AGLC: Monroe and Purdue [2018] FamCA 25
Case: [2018] FamCA 25
Decision Date: 25 January 2018

CaseChat Overview and Summary

The matter of Monroe and Purdue came before Aldridge J, concerning parenting arrangements for a child. The dispute involved the mother and father, and the court was tasked with making orders regarding their interactions with the child and each other, as well as the child's time with each parent.

The court was required to determine several issues, including the method of parental communication, the mother's engagement with therapeutic interventions, the attendance of parents at medical appointments, and specific arrangements for the child's time with the mother, including supervised contact and adjustments to existing orders. The court also considered the father's provision of necessary authorisations for supervised contact and the mother's consent for her therapist to communicate with medical professionals or the Independent Children's Lawyer regarding her progress.

Aldridge J made orders reflecting a structured approach to parental communication and involvement in the child's care. The parties were directed to use a specific application for all parental communications and to enrol in it within seven days. The mother was to engage in the Circle of Security course and Dialectical Behaviour Therapy (DBT), continuing her existing treatment. Medical appointments were to be attended by only one parent, except in emergencies, and scheduled outside the father's ordinary working hours to allow for reasonable opportunity for attendance. Specific adjustments were made to the child's time with the mother for January and Mother's Day, with provisions for supervision by approved individuals or the maternal grandmother. The father was ordered to provide written authority for supervised time at a particular venue. The mother was to authorise her DBT therapist to communicate with Dr E or the Independent Children's Lawyer about her progress after completing three months of therapy, and the Independent Children's Lawyer was authorised to share a report from Dr E with the DBT therapist. The court also noted agreed variations to some of the orders concerning the timing and supervision of the child's time with the mother.

Orders

Orders of the court

The Court notes:

The parties shall within seven days do all acts and things to enrol in and join My Family Wizard application (“the application”) and shall forthwith use the application for all parental communications.

The mother intends to enrol in and complete the Circle of Security course and commence Dialectical Behaviour Therapy (“DBT”) forthwith and continue her current treatment with Dr B.

The Court orders:

That, except in the case of an emergency, only the mother and the father are to attend medical appointments with the child.

Any medical appointments, other than in emergencies, are to be made outside the ordinary working hours of the father and at times that give both parents a reasonable opportunity to be present.

Notwithstanding the orders made on 28 April 2017 (which are otherwise to continue) the child shall not spend time with the mother on 30 and 31 January 2018 but instead the child is to spend time with the mother from 5.00 pm on 29 January 2018 to 4.30 pm on 30 January 2018, provided that the time is supervised by one of the supervisors permitted by the orders of 28 April 2017.

Notwithstanding anything in the orders of 28 April 2018, the child is to spend time with the mother from 8.00 am to 12.00 noon on Mother’s Day, such time to be supervised by the maternal grandmother.

The father is to do all acts and things necessary to provide written authority to C Group permitting supervised time to take place at Suburb D Aquatic Centre.

Upon having completed three months of DBT psychotherapy the mother shall authorise her DBT therapist to speak to Dr E or, if Dr E refuses to do so, to speak to the Independent Children’s Lawyer as to the mother’s progress.

The Independent Children’s Lawyer is authorised to provide a copy of Dr E’s report to the DBT therapist.

10.

Nothing in these orders is intended to affect the continuation of the undertakings given by Mr Monroe, Ms Purdue and Ms F Monroe.

11.

Liberty is granted to the Independent Children’s Lawyer to relist this matter on 7 days’ notice.

The Court further notes:

12.

The parties have agreed that the time in Order 5 will commence at 9 am and will be supervised by at least one of the permitted supervisors in lieu of C Group.

13.

The parties have also agreed that the child will spend time with the mother from 4 pm on Wednesday 31 January 2018 to 7 am Thursday 1 February 2018 subject to the usual supervision.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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