Papas and Papas

[2012] FamCA 71

FAMILY COURT OF AUSTRALIA

PAPAS & PAPAS [2012] FamCA 71

FAMILY LAW - CHILD ABUSE - Consent Orders - Where r 10.15A of the Family Law Rules 2004 (Cth) requires explanation of consent orders in matters where there are allegations of abuse or family violence – Where the hearing of evidence, including expert evidence, permits the Court to dispense with that requirement

Family Law Rules 2004 (Cth)

APPLICANT: Mr Papas

RESPONDENT: Ms M Papas

INDEPENDENT CHILDREN’S LAWYER: Ms K Terrance

FILE NUMBER: BRC 6226 of 2009

DATE DELIVERED: 23 February 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 20-23 February 2012

REPRESENTATION

SOLICITOR FOR THE RESPONDENT: Mahler Family Law

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr G Fleetwood

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Legal Aid Queensland

Orders By Consent

Lives with/Parental Responsibility

1. That R born … October 1997, S born … March 2000 and K born … May 2006 (“the children”) live with Ms M Papas (“the Mother”).

2. That the Mother shall have sole parental responsibility in respect of all major long-term issues (as that expression is defined in the Family Law Act 1975 as amended) in respect of the children, save that the Mother shall prior to making the sole ultimate decision about any such issue:

(a)       use her best endeavours to advise Mr Papas (“the Father”) in      writing of the decision intended to be made;

(b)       seek the Father’s written response in relation thereto;

(c)       consider by reference to the children’s best interests any such response          prior to making any such decision; and

(d)       advise the Father in writing as soon as reasonably practicable of her      ultimate sole decision.

1. That the Mother shall do all such things necessary and sign all necessary documents to:

(a)       keep the Father informed of each and all doctors, health professionals,            educational institutions, counsellors, therapists and extra curricular activities which the children attend and the purpose of such attendance;            and

(b)       have the children’s educational facilities, or failing that, herself provide          to the Father a copy of each of the children’s report cards and school     photograph order forms, together with any other written report issued by         the educational facility in respect of the children.

1. That the Mother and the Father shall keep the other parent informed of their current postal address, contact telephone numbers, and, if applicable, an e-mail address, on or at which they can be contacted and advise the other parent forthwith of any changes to those addresses.

2. That each parent shall inform the other parent as soon as reasonably practicable of any significant medical condition, significant health issue or significant illness suffered by the children and authorise any treating medical practitioner to release the children's medical information to the other parent.

3. That these Orders authorise the children's doctors, health care and other treatment providers to provide the Father with information that they are lawfully able to provide about the children.

4. That these Orders authorise the children’s day care, school and/or educational facilities to provide the Father with information that they are lawfully able to provide about the children and the option to purchase school photographs.

Spends time with

1. That the children spend time with the Father on the last Sunday of each calendar month from 9:00am to 5:00pm, with one or more of the following members of the Father’s family or such other persons as may be agreed in writing between the parents, to be present with the children at all times:

(a)       Mr A;

(b)       Ms A; or

(c)       Ms N Papas.

1. That the changeover point for the transition for the children between the households shall be V Train Station, Brisbane at the commencement and the conclusion of time.

Telephone communication

1. (a)       That the children communicate with the Father by telephone between    5:30pm and 6:30pm each Monday with the Father to initiate the       telephone call each alternate Monday, commencing 27 February 2012          and the Mother to initiate the telephone call each alternate Monday,            commencing 5 March 2012; and

   (b)       That the Father will further telephone the children as follows (if the      children are not already with him):

   (i)between 9:00am and 10:00am on Christmas Day;

   (ii)between 5:30pm and 6:30pm on each of the children’s birthdays; and

   (iii)between 9:00am and 10:00am on Father’s Day.

1. That when the children are communicating with the Father by telephone, the Mother shall:

(a)       Ensure that the children are available to make and/or receive the           telephone call referred to in Order 9;

(b)       Arrange for the children to telephone the Father on the following night           if, for any unforeseen circumstance, the children are unavailable to make   or receive the telephone call referred to in Order 9;

(c)       Ensure that the children have privacy during their telephone       communication with the Father.

1. That the children are at liberty to call either parent at all reasonable times and the parent whom they are with shall assist the children to make any calls they request.

1. That neither parent will denigrate the other or their family to, or in front of, or within the hearing of, the children and shall direct third parties to refrain from denigrating either party or their family to, or in front of, or within hearing of, the children and failing their compliance with such a direction shall remove the children from that environment immediately.

1. That during the time the children are with either parent, that parent shall:

(a)       Respect the privacy of the other parent and not question the children    about the personal life of the other parent; and

(b)       Speak of the other parent respectfully; and

(c)       Not denigrate or insult the other parent or members of their family in the       presence or hearing of the children; and

(d)       Use their best endeavours to ensure that others do not denigrate or insult        the other parent in the hearing or presence of the children.

Mandatory courses

1. That the Father must attend and complete the following courses within twelve (12) months of the date of this Order:

(a)       the Domestic Violence Prevention Program for Men offered by           Centacare;

(b)       the Triple P Parenting Program; and

(c)       the Parenting Orders Program.

1. That upon completion of each of the courses outlined in Order 15, the Father must obtain a letter or a certificate of completion from the provider certifying sessions attended and completion of the course and provide copies of the letter and/or certificate of completion to the Mother.

1. That in the event that the Father does not provide the documentation referred to in Order 16 to the Mother within twelve (12) months of the date of this Order, then the Mother shall be at liberty to cease the Father’s time with the children.

Section 65L of the Family Law Act 1975 (Cth) (as amended)

1. That the parents and the children shall attend with Mr J, Family Consultant at 10:00am on Friday, 24 February 2012 for the purpose of the content of these Orders being explained to the children by Mr J in the presence of both parents.

2. That the parents and children shall attend sessions with a Family Consultant nominated by the Court pursuant to s65L of the Family Law Act 1975 on such dates and times as arranged and advised by the Family Consultant to assist the parents to implement these Orders, with the first session to be held within one (1) month of the date of these Orders, and the Mother shall bring the children to these sessions.

Orders

1. All extant applications be otherwise dismissed and removed from the list of cases awaiting finalisation.

2. Following the expiration of the Appeal period, all subpoenaed documents be returned to the persons or institutions from which they emanated and all exhibits are returned to the person or persons who tendered the same.

3. Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975 (Cth), 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.

Notation

A.The parents agree that Mr C & Ms C, Mr B & Ms B and Mr D & Ms D are suitable persons for the purposes of Order 8, if the named persons are agreeable to participating in the arrangements outlined in Order 8.

B.The Independent Children’s Lawyer requests that the Family Consultant nominated by the Court pursuant to Order 19 be Mr J.

C.That the contact person who can provide the Father with information about the course referred to in Order 15 a) is Mr Z, Centacare, telephone number … .

IT IS NOTED that publication of this judgment by this Court under the pseudonym Papas & Papas has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 6226 of 2009

Mr Papas

Applicant

And

Ms Papas

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. Rule 10.15A of the Family Law Rules 2004 (Cth) governs the making of consent parenting Orders where there are allegations of abuse or family violence. Subrule (2) of r 10.15A requires that where an application for consent Orders is made during a trial, if allegations of abuse or family violence have been made, each party or their lawyer must provide an explanation of how the Order attempts to deal with those allegations.

2. In circumstances where I have heard much of the evidence in this case, I have read a number of expert reports and Dr E was cross-examined before me, I dispense with any requirement for any party to provide further explanation as to what is contained in the Orders as I regard the Orders self-explanatory in that respect.

3. I make Orders in terms of the Minute of Orders which has been signed by each of the parties and the Independent Children’s Lawyer, now initialled by me and placed with the file.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 23 February 2012.

Associate: 

Date:  27 February 2012