Paul and Shaw

Case [2017] FCCA 600


FEDERAL CIRCUIT COURT OF AUSTRALIA

PAUL & SHAW [2017] FCCA 600
Catchwords:
FAMILY LAW – Parenting – where serious allegations of sexual and other abuse made against mother by her eldest son – whether there is a risk of harm to the youngest son – where the Court is concerned about the risk of psychological harm to the child – no contact with mother – transfer to Family Court of Australia.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA, 69ZT, 69ZV

Cases cited:

Goode & Goode (2006) FLC 93-286

MRR v GR [2010] HCA 4

Re W (Sex Abuse: Standard of Proof) [2004] FamCA 768
Vasser & Taylor-Black [2007] FamCA 547
W and W (abuse allegations: unacceptable risk) [2005] FamCA 892
WK v SR (1997) FLC 92-787

Applicant: MS PAUL
Respondent: MR SHAW
File Number: WOC 1103 of 2016
Judgment of: Judge Altobelli
Hearing date: 1 February 2017
Date of Last Submission: 1 February 2017
Delivered at: Wollongong
Delivered on: 11 April 2017

REPRESENTATION

Solicitors for the Applicant: Carter Ferguson Solicitors
Counsel for the Respondent: Mr Knox
Solicitors for the Respondent: Rita Thakur & Associates
Solicitors for the Independent Children’s Lawyer: Maguire & McInerney Lawyers

ORDERS

  1. Pending further order, the child namely X, born (omitted) 2008, live with the Respondent Father and the father shall be responsible for his day to day care, welfare and development.

  2. Pending further order, the Respondent Father have sole parental responsibility for the long-term care, welfare and development of the child X, born (omitted) 2008.

  3. Pending further order, the Respondent Father have sole parental responsibility for the day to day and long-term care, welfare and development of the child, A born (omitted) 1999.

  4. Pending further order, there be no contact or communication between the Mother and the children.

  5. The proceedings are transferred to the Family Court of Australia at Sydney to be listed for directions before a Registrar on a date and time to be fixed.

THE COURT NOTES THAT:

A.     The Court recommends that this matter be included in the Magellan program.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 1103 of 2016

MS PAUL

Applicant

And

MR SHAW

Respondent

REASONS FOR JUDGMENT

Introduction

  1. This case is about two children, X, born (omitted) 2008, who is now nearly 9, and his older brother A, born (omitted) 1999, who is 17 years old. 

  2. The matters raised in this case are extremely complex.  There are related pending criminal proceedings that arise from the facts in dispute between the parents. 

  3. Both children present, from the material before the Court, as being vulnerable, even the older child.  There are concerns apparent to the Court about the manner in which all of the adults in this case, including the paternal grandparents, have responded to the factual issues before the Court.

  4. The Court is asked to make interim Orders only at…

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Details
AGLC
Paul and Shaw [2017] FCCA 600
Case
[2017] FCCA 600
Decision Date

CaseChat Overview and Summary

In the matter of *Paul and Shaw*, heard before Judge Altobelli, the dispute concerned the living arrangements and parental responsibility for two children, X and A. The orders indicate a significant shift in the children's care arrangements, with the Respondent Father being granted primary responsibility.

The court was required to determine the most appropriate living arrangements for the children, X and A, and to allocate parental responsibility for their long-term care, welfare, and development. Furthermore, the court had to consider the nature and extent of contact, if any, between the Mother and the children.

Judge Altobelli ordered that child X live with the Respondent Father, who would be responsible for X's day-to-day care, welfare, and development, as well as X's long-term parental responsibility. Similarly, the Respondent Father was granted sole parental responsibility for both the day-to-day and long-term care, welfare, and development of child A. Crucially, the court ordered no contact or communication between the Mother and either child pending further order. The proceedings were subsequently transferred to the Family Court of Australia at Sydney for further directions, and the court recommended the matter be included in the Magellan program.

Orders

Orders of the court

1.

Pending further order, the child namely X, born (omitted) 2008, live with the Respondent Father and the father shall be responsible for his day to day care, welfare and development.

2.

Pending further order, the Respondent Father have sole parental responsibility for the long-term care, welfare and development of the child X, born (omitted) 2008.

3.

Pending further order, the Respondent Father have sole parental responsibility for the day to day and long-term care, welfare and development of the child, A born (omitted) 1999.

4.

Pending further order, there be no contact or communication between the Mother and the children.

5.

The proceedings are transferred to the Family Court of Australia at Sydney to be listed for directions before a Registrar on a date and time to be fixed.

THE COURT NOTES THAT:

A. The Court recommends that this matter be included in the Magellan program.

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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