FEDERAL CIRCUIT COURT OF AUSTRALIA
| PATAU & DALLON | [2015] FCCA 1841 |
| Catchwords: FAMILY LAW – Practice and procedure – transfer to the Family Court of Australia – consideration of rule 8.02 of the Federal Circuit Court Rules 2001. |
| Legislation: Family Law Act 1975, ss.4, 4AB, 60CC(2A), 67Z, 67ZBA, 67ZBB |
| Deacon & Castle [2013] FCCA 691 Leveque v Leveque (1983) 54 B.C.L.R 164 Other Articles Cited: Legal Aid Commission’s Family Law Practice Standards ‘Unacceptable risk – A Return to Basics’ the Hon. John Fogarty A.M ‘Family Violence The Impact On Parents And Children (and how to improve practice through awareness)’ delivered by Judge Joe Harman, Federal Circuit Court of Australia, on behalf of the Toongabbie Legal Centre 2 November, 2012 Holt, S, Buckley H, Whelan, S, ‘The impact of exposure to domestic violence on children and young people: A review of the literature’ Child Abuse & Neglect 32 (2008) 797–810 K, Wilcox, ‘Family law and family violence: research to practice’, Australian Domestic and Family Violence Clearinghouse 2012 M, Flood, ‘An assault on our future: The impact of violence on young people and their relationships’ November 2008 D, Higgins, R. Kaspiew, ‘Child protection and family law… Joining the dots’ National Child Protection Clearinghouse Paper Issue No. 34, 2011 Donna L. Ansara and Michelle J. Hindin, ‘Psychosocial Consequences of Intimate Partner Violence for Women and Men in Canada’, Journal of Interpersonal Violence, May 2010 R. Kaspiew, M. Grat, R. Weston, L. Moloney, K. Hand, L. Qu, ‘Evaluation of the 2006 Family Law Reforms’ Chisholm J “Family Courts Violence Review” November, 2009 |
| Applicant: | MS PATAU |
| Respondent: | MR DALLON |
| File Number: | SYC 2652 of 2007 |
| Judgment of: | Judge Harman |
| Hearing date: | 25 June 2015 |
| Date of Last Submission: | 25 June 2015 |
| Delivered at: | Parramatta |
| Delivered… |
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- PATAU & DALLON [2015] FCCA 1841
- Case
- [2015] FCCA 1841
- Decision Date
CaseChat Overview and Summary
The court was required to consider the terms of settlement agreed upon by the parties and the Independent Children’s Lawyer, particularly in relation to supervised time between the child and the mother. A key legal issue was the assessment of unacceptable risk to the child, given the allegations of family violence, and how this risk should be managed through interim parenting orders. The court also considered the procedural aspect of transferring the proceedings to the Family Court of Australia, in accordance with rule 8.02 of the Federal Circuit Court Rules 2001.
Judge Harman made consent orders reflecting the parties' Terms of Settlement, which stipulated that the child would live with the father and spend supervised time with the mother. These orders detailed specific changeover arrangements and mandated the presence of a supervisor from Connecting Families during the mother's time with the child, with both parents sharing the supervision costs. The court also issued a fact sheet outlining the obligations and consequences of contravening these orders. Furthermore, the court, of its own motion, transferred the proceedings to the Family Court of Australia at the Parramatta Registry for further procedural directions and the allocation of a hearing date.
Orders
Orders of the court
1.
By consent Orders are made in accordance with the Terms of Settlement executed by the parties and the Independent Children’s Lawyer marked Exhibit ‘A’ attached hereto.
2.
Direct the solicitor for the Independent Children’s Lawyer to provide a typescript of the Terms of Settlement made today in word format direct to my Associate by email within 7 days of today’s date.
3.
Of the Court’s own motion, these proceedings are transferred to the Family Court of Australia at the Parramatta Registry and the Court requests that the Registrar list the proceedings with such expedition as is possible for the purpose of procedural directions and allocation of the first day hearing (Less Adversarial Trial Event).
4.
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.
EXHIBIT ‘A’
1.
The child [X] born [omitted] 2003 (‘the child’) live with the Father.
2.
The child spend time with the mother as agreed between the parents and failing agreement:
(a) Commencing on Friday 3 July 2014, each alternate Friday from 3.20pm until 5.20pm;
(b) Commencing on Tuesday 7 July, each alternate Tuesday from 3.20pm until 5.20pm.
3.
For the purposes of the preceding Order changeover shall occur as follows:
(a) On school days the mother shall collect the child from the school office of the child’s school ([omitted]) (‘the school’) at the commencement of time and the mother shall deliver the child to the father at the front gates of the school at the conclusion of such time;
(b) On non-school days the mother shall collect the child from the father outside the IGA at [omitted] Shopping Centre at the commencement of time and the mother shall deliver the child to the father at the same place at the conclusion of such time;
(c) Upon changeover being affected the parent with whom the child is not spending time will immediately remove themselves from the vicinity of the child and the other parent.
4.
A supervisor from Connecting Families at Merrylands (telephone 8036 6121)(‘Connecting Families’) shall be present during the mother’s time with the child pursuant to Order 2a and 2b above, and:
(a) Such time is to be reportable by the supervisor;
(b) Each parent will forthwith complete and return to Connecting Families any necessary intake form and thereafter comply with any applicable policies of and directions from Connecting Families;
(c) The parents are to be equally responsible for any fee payable to Connecting Families for the supervision provided for pursuant to this order and the Court notes that the cost per visit will be $121.00 in total.
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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