Peder & Peder
[2024] FedCFamC1F 337
•20 May 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
FIRST INSTANCE
Peder & Peder [2024] FedCFamC1F 337
File number: BRC 1414 of 2020 Judgment of: CAREW J Date of judgment: 20 May 2024 Catchwords: FAMILY LAW – CHILDREN – Where the matter resolved on the first day of a five day trial – Where the parents and the independent children’s lawyer signed a minute of order that they seek be made by consent – Where the compromise is described by the independent children’s lawyer as the ‘least worst’ outcome – Where the proposed order addresses, as far as possible, the risks identified in each parents’ household – Where the proposed order provides all possible safeguards for the children to resume their relationship with their mother – Where the parents will have joint decision making, the children will live with the father and until such time that the mother provides two consecutive clean hair follicle tests, the children will spend time with the mother at a contact centre for not less than two hours per fortnight – Where the mother’s time with the children will then gradually increase to equal shared care. Legislation: Family Law Act 1975 (Cth)
Federal Circuit and Family Court (Family Law) Rules 2021 (Cth)
Number of paragraphs: 21 Date of hearing: 20 May 2024 Counsel for the Applicant: Ms Wardle Solicitor for the Applicant: RA Solicitors Counsel for the Respondent: Ms Gajic-Pavlica Solicitor for the Respondent: Cornerstone Law Offices Counsel for the Independent Children’s Lawyer: Ms Oakley Solicitor for the Independent Children’s Lawyer: Life Law Solutions ORDER
BRC 1414 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR PEDER
Applicant
AND: MS PEDER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
CAREW J
DATE OF ORDER:
20 MAY 2024
THE COURT ORDERS BY CONSENT:
1.That all previous parenting orders be discharged.
Parental Responsibility
2.That the parents have joint decision making for major long-term decisions for the children, namely, X born 2015 and Y born 2017 (“the children”).
3.In the exercise of joint decision making, the parents will:
(a)Where one parent becomes aware of a decision to be made, advise the other parent in writing of the issue requiring a decision to be made and request the other parent’s written response within seven (7) days;
(b)The parent being asked to provide a response will provide a written response within seven (7) days of receiving the request;
(c)The parents will confer as to the decision to be made by use of a parenting communication application;
(d)If agreement cannot be reached, the parents will immediately arrange to attend mediation, on the first available date.
4.In the absence of written agreement to the contrary:
(a)The children will attend B Medical Centre, Town C (save for in the event of an emergency);
(b)The children’s psychologist will be Ms D, E Psychology;
(c)The children’s paediatrician will be Dr F, G Medical Centre,
(d)The children will attend H School for their primary schooling;
(e)Each parent will live within 30km of the children’s school.
5.Each parent will be responsible for day-to-day decisions concerning the care of the children when the children are living with them or spending time with them.
Lives With/Spends time with
6.That the children will live with the father and spend time/live with the mother as follows:
(a)Until such time as the mother provides 2 consecutive clear hair follicle test result pursuant to paragraphs 32 to 38 of this Order, the children shall spend time with the mother supervised by J Family Services for not less than two (2) hours each fortnight,
(i)to occur in the proximity of J Family Services as coordinated or arranged by the supervisor;
(ii)with the parents to each be responsible for half of the fees of the service, save for if the mother produces a positive drug test she will be solely responsible for the cost of supervision until she provides a clear test after which the cost shall be shared again and if the father cancels any visit, he be solely responsible for the payment of those fees; and
(iii)Each parent be restrained from permitting either child to wear any form of “smart” watch or other item via which they may make contact with the other parent during periods of time occurring pursuant to this order;
(b)Upon the mother returning two consecutive clear hair follicle test results pursuant to paragraphs 32 to 38 of this Order and for a period of 2 calendar months, the children spend time with the mother from 4.30pm Friday to Sunday 5.00pm on each alternate week;
(c)Thereafter, and for a period of 2 calendar months, the children spend time with the mother from 4.30pm Friday to before school Tuesday on each alternate week;
(d)Thereafter, and for a period of 2 calendar months, the children spend time with the mother from 4.30pm Friday to before school Thursday on each alternate week;
(e)And thereafter, the children shall live with the mother in each fortnight from 4.30pm Friday to 4.30pm Friday of the following week;
(f)And upon the time commencing pursuant to paragraph 6(e) the children shall spend time in the December/January holidays of each year with the mother in the first half of years ending in an even number and the father in the second half, and the father for the first half in years ending in an odd number and the mother in the second half.
Changeover
7.That unless otherwise agreed in writing, changeovers will occur as follows:
(a)At 4.30pm at Coles Town C where the commencement or conclusion time is a day when the children are attending school;
(b)On all non-school days, changeover shall occur at the entry to Coles Town C; and
(c)For the purpose of changeover:
(i)Neither Ms K nor any partner of the mother will be present at changeover; and
(ii)If a parent is unable to attend, they will arrange for a person known to the children to attend and facilitate changeover.
8.Both parents must ensure that the children have sufficient belongings, clothing and shoes in their own homes to accommodate the children whilst in their care.
Parents’ communication
9.That the parents will communicate:
(a)Via text message for urgent or emergent issues only;
(b)Via the free version of the parenting app “Talking Parents” or other app as agreed for all other parenting-related communication.
10.Each parent shall advise the other as soon as reasonably practical of:
(a)of any illness, injury or medical problem suffered by the children whilst in their care;
(b)any medication that has been prescribed to the children;
(c)any specialist medical appointments with any medical doctor, psychiatrist, psychologist, counsellor, therapist or allied health practitioner, regarding the children;
(d)any social, school or religious function the children is/are to attend;
(e)any other matter relevant to the welfare of the children.
11.That the parents shall advise the other of any change of telephone number, email address or residential address within 24 hours of such change occurring.
12.When communicating regarding the children and any arrangements concerning the children’s time with each parent, the parents will:
(a)Engage respectfully;
(b)Not name call nor address the other person in a derogatory manner;
(c)Not use the children to convey messages;
(d)Acknowledge and respond to the other parent as soon as practicable after receipt of a message from the other party and within the terms of this Order as to timeframes.
Injunctions
13.That the mother be restrained and an injunction issue restraining the mother from:
(a)allowing or encouraging the children to refer to anyone other than MR PEDER as their father;
(b)allowing or encouraging any other person to allow or encourage the children to refer to anyone other than MR PEDER as their father;
(c)Allowing the children to be exposed to any person under the influence of illicit substance;
(d)Using illicit substances within forty-eight (48) hours and during any time that the children are to be in the mother’s care, noting that this provision should not be taken as an indication that this Honourable Court condones the use of illicit substances at any time.
14.That the father be restrained and an injunction issue restraining the father from:
(a)allowing or encouraging the children to refer to anyone other than MS PEDER as their mother;
(b)allowing or encouraging any other person to allow or encourage the children to refer to anyone other than MS PEDER as their mother;
(c)allowing the children to be exposed to any person under the influence of illicit substance;
(d)allowing the children to be driven in a vehicle by Ms K until such time as the father produces to the mother a hair follicle test that shows Ms K is not using cannabis and a letter from a medical practitioner that she is no longer prescribed cannabis oil or any prescription medication that would impair her capacity to operate a motor vehicle.
15.That each parent be and is hereby restrained from approaching the other parent at school during times the children are in the care of the other parent.
16.That each parent is restrained from doing any of the following:
(a)discussing these proceedings in the presence or hearing range of the children or with the children;
(b)asking questions of the children about their care in the household of the other parent, provision made for them, behaviour of the other parent or anything related to the household of the other parent to these proceedings;
(c)exposing the children to situations of psychological or verbal threats, abuse and/or emotional dysregulation and to immediately remove the children from such situation should it occur;
(d)denigrating or speaking ill of the other parent or exposing the children to same and in the event that same does occur, the parent shall immediately remove the children from such circumstances;
(e)allowing any other person to speak ill of any party or other person connected with these proceedings, in the presence or hearing range of the children and in the event that same does occur, to immediately remove the children from such circumstances;
(f)physically disciplining the children or allowing any other person to physically discipline the children.
Counselling, Courses and Children’s Medical Treatment
17.That within fourteen (14) days of the date of this Order the parents will arrange a referral, in the event that a current one is not in place, to a paediatrician for an assessment as to the children’s health and wellbeing (“the children’s paediatrician”) and to a psychologist or other counsellor as advised by the children’s paediatrician for the purposes of obtaining an assessment, treatment and intervention as to the children’s behavioural and emotional needs and to support the children in managing same.
18.That the parents do all acts and things necessary to ensure that the children attend with the therapeutic counsellor they are attending as at the date of this Order and continue to do so in accordance with recommendations of that practitioner.
19.Within seven (7) days of the date of this Order, the parents will advise the Independent Children’s Lawyer as to the identity of the practitioner being consulted by the children and the Independent Children’s Lawyer will:
(a)Write to the practitioner as to the background of the matter;
(b)Provide to the practitioner a copy of the following:
(i)This Order and any Reasons for Judgment;
(ii)The Affidavit of Ms L filed 26 June 2023, and
(iii)Affidavit of Dr M filed 16 May 2023.
20.The parents will follow all reasonable advice of each treating practitioner for the children including but not limited to the timeframe for the making of an appointment following receipt of a referral, medication to be given to a child and therapy a child is to undertake.
21.That each parent be involved in the counselling to be provided to the children at such times and in such manner as directed by the treating professional and the parents shall follow all reasonable directions and recommendations of the treating professional.
22.This Order authorise the parents to provide to the children’s treaters a copy of the following:
(a)This Order and any Reasons for Judgment;
(b)The Affidavit of Ms L filed 26 June 2023;
(c)Affidavit of Dr M filed 16 May 2023.
23.In the event that the parents have not done so, within fourteen (14) days of the date of this Order, the parent take all reasonable steps and make all reasonable enquiries to enrol to undertake the following face to face, where possible:
(a)Positive Parenting Programme or Parenting Orders Program;
(b)R Organisation Program for the children (primary and secondary school) and the parents;
(c)Domestic Violence educational course – Responding to domestic and family violence S Organisation, being all 3 components.
24.The parents are to complete, so far as reasonably possible, the courses at order 23 hereof within six (6) months of the date of this Order and upon completion of each course, they will provide to the other a copy of the relevant Certificate of Completion.
25.The father shall within seven (7) days of the date of this Order provide to the mother the details of the children’s doctors, medical practice or counselling, psychologist, allied health and/or dental practitioners.
26.The parents will each inform the other immediately of any appointment booked for the child/ren with the children’s General Practitioner or any other treating medical practitioner and will:
(a)Provide the other parent with a summary of the appointment outcome as soon as reasonably practical after the appointment; and
(b)If the other parent has further questions about that appointment, the parents are each authorised to contact that treating medical practitioner for further information about the appointment.
27.The mother and father shall comply with any reasonable recommendations made by the children’s treating practitioners and/or specialists and/or allied health providers.
28.Each parent shall advise the other as soon as is reasonably practicable of any serious illness, hospitalisation, accident, or medical emergency that relates to the child/ren and the details of any treating doctor and medical facility the children are (to be) taken.
29.In the event of an emergency for the children each parent shall follow the reasonable advice and recommendations of the doctor/s until such time as the emergency has passed, and as to all decisions to be made in consultation with the treaters, the treaters are to be told which parent has parental responsibility to make all decisions concerning the treatment that may be required.
Engagement with Reunification Counsellor
30.The parents shall continue to engage with Ms N for the purposes of reunification therapy and for this purpose:
(a)The parents will follow all reasonable recommendations and requirements of Ms N which may include the involvement of Ms K in sessions;
(b)The parents will take no step to discourage or otherwise dissuade the children from engaging with Ms N for the full length of the session as arranged by Ms N;
(c)Neither X nor Y will wear any form of “smart” watch or other item via which they may record or make contact with the father;
(d)The parents will attend at all times as directed by Ms N;
(e)The parents will provide Ms N with a copy of the following documents:
(i)This Order and Reasons for Judgment;
(ii)The Affidavit of Ms L filed 26 June 2023;
(iii)Affidavit of Dr M filed 16 May 2023.
31.The parents will pay all costs of and incidental to attending with Ms N in the following manner:
(a)Where a parent attends on their own – the parent attending will pay;
(b)Where the children are to attend– the parents are to pay in equal shares, one‑half each of such cost;
(c)Where the parents are both to attend and the children are to attend – the parents are to pay in equal shares, one-half each of such cost.
Drug Testing – the Mother and the Father’s Partner
32.The Mother must submit to Australian Workplace Drug Testing Services (“AWDTS”) or their nominee, within 7 days of the date of this Order (“the first test”) and the father will pay the costs of it and the mother will reimburse the father within 45 days of the date of this Order, and within three (3) months of the first test (“the second test”), and if the second test provides a test positive for illicit drug use, then within a further 3 months (“the third test”) for hair follicle testing, with the costs of the second and third test, and any test thereafter to be born by the mother.
33.In the event that the mother’s drug test results are clear of illicit drug use, the mother will then attend on the one (1) year anniversary of the last test prior to her time becoming unsupervised and each year thereafter for a period of five (5) tests.
34.For the purposes of hair follicle tests pursuant to this Order:
(a)The Mother is authorised to provide, and must provide, a copy of this Order to AWDTS when she attends for the purposes of hair follicle testing;
(b)The Mother is to attend at an AWDTS Clinic and submit to the supervised collection of a hair sample within the timeframes set out in paragraphs 32 and 33 of this Order and provide the collector with photographic identification to be recorded before each hair collection and authority;
(c)The Mother will not dye her hair nor cut her hair shorter than four (4) centimeters on her head or elsewhere on her body for the purposes of a hair follicle sample to be recovered;
(d)The Mother will meet the cost of such testing procedures;
(e)The Mother is to provide the Father with the Custody and Control Form for each hair follicle test undertaken within three days of signing the Custody and Control Form;
(f)this Order authorises AWDTS to provide the results of each test directly to:
(i)the Father at his email address of …@...; and
(ii)to the Mother at her email address of …@...
upon receipt of such test results.
35.The hair follicle test is to be completed as a FO1/501 test to screen for methamphetamine and metabolites, cocaine and metabolites, opioids and metabolites, PCP and metabolites and marijuana and metabolites.
36.AWDTS is requested to utilise the testing services of an appropriate laboratory accredited to conduct hair drug testing to the recognised International Standard ISO/IEC 17025:2005 by the relevant National Accreditation body; AWDTS selection is to be based on the type of test required, the specific drug or drugs to be tested, the laboratory’s compliance level with international Society of Hair Testing (SoHT) guidelines, cost, and time required for results to be made available.
37.The Mother will be deemed to have failed the hair follicle test if the following occur:
(a)she fails to attend for the testing procedure; and/or
(b)she cuts her head hair shorter than four (4) centimetres; and/or
(c)the result indicates that the Mother is positive for illicit substance/the substance tested for; and/or
(d)she is charged with a drug related offence of whatsoever nature or kind and which is not pending at the date of this Order.
38.If any hair follicle test completed in accordance with paragraph 32 is positive for illicit substances, the mother is at liberty to complete further hair follicle testing until such time as she can demonstrate two (2) consecutive clear hair follicle tests pursuant to paragraphs 32 to 38 of this Order, prior to unsupervised time commencing.
39.In the event that the hair follicle test is positive for illicit substances, the children’s time will revert to that set out in paragraph 6(a) herein.
40.The father will do all acts and things to ensure his partner Ms K attends for hair follicle testing in accordance with the same terms applicable to the mother as provided for in paragraphs 32 to 38 herein.
Engagement with Treatment Support – the parents and the father’s partner
41.The mother is required to attend upon her General Practitioner to obtain a mental health referral to a treating psychologist, and to engage with and comply with the treatment regime of her treating psychologist (that is, her continued compliance in taking medications as prescribed, attending sessions and participating in other therapy recommended by her treating psychiatrist), psychologist, general practitioner and/or other treater (“the mother’s treater(s)”).
42.For the purposes of assisting the mother’s treater(s) the Independent Children’s Lawyer will provide to the relevant treater(s):
(a)a letter as to the background of this matter;
(b)a copy of this Order and any Reasons for Judgment;
(c)The Affidavit of Ms L filed 26 June 2023;
(d)Affidavit of Dr M filed 16 May 2023.
43.To facilitate the preparation of the letter pursuant to the preceding order, the mother will advise the Independent Children’s Lawyer within seven (7) days of the date of this Order as to the identity of each treater she attends and the purpose of her attendance so that the Independent Children’s Lawyer may provide the letter as to background to each of those persons.
44.The mother shall provide all such authorities and releases as may be required, solely relating to the mother’s mental health, to permit her treating psychiatrist and other treating professionals (including but not limited to her psychologist and general practitioner), to inform the father if, in the opinion of the treating professional the mother is not compliant in a therapeutic or clinically significant way in relation to her mental health, including but not limited to taking medication as directed, with that treating practitioner’s recommended treatment.
45.If the mother’s treating professional requires another authority to be executed by the mother to confirm order 43 at any point in time, she shall sign the same within seven (7) days of a request by that treating professional.
46.The mother will provide to the father an updated list, within seven (7) days of the date of this order and keep the father informed at all times as to any change to said list, as to her treating professionals to include but not be limited to her psychiatrist, psychologist, counsellor and general practitioner and will advise the father of any change within seven (7) days of the change occurring.
47.The mother will engage with her treatment providers for the purposes of ongoing mental health support for such time and in such manner as reasonably directed by the relevant treater including but not limited to compliance with medication regime and such other reasonable directions.
48.Within seven (7) days of the date of this Order the father is make all reasonable enquiries for the earliest available appointment with Ms O or another suitably qualified psychologist (with the father to advise the mother and the ICL within 7 days of such change) for the purpose of psychological support and will do all reasonable acts and things to ensure that Ms K also attends with that practitioner.
49.The father is required to engage with and comply with that is, his continued compliance in taking medications as prescribed, attending sessions and participating in other therapy recommended by his treating psychiatrist, psychologist, general practitioner and/or other treater (“the father’s treater(s)”).
50.For the purposes of assisting the father’s treater(s) the Independent Children’s Lawyer will provide to the relevant treater(s):
(a)a letter as to the background of this matter;
(b)a copy of this Order and any Reasons for Judgment;
(c)The Affidavit of Ms L filed 26 June 2023;
(d)Affidavit of Dr M filed 16 May 2023.
51.To facilitate the preparation of the letter pursuant to the preceding paragraph, the father will advise the Independent Children’s Lawyer within seven (7) days of the date of this Order as to the identity of each treater he attends and the purpose of his attendance so that the Independent Children’s Lawyer may provide the letter as to background to each of those persons.
52.The father shall provide all such authorities and releases as may be required, solely relating to the father’s mental health, to permit his treating professionals (including but not limited to her psychologist and general practitioner), to inform the mother if, in the opinion of the treating professional the father is not compliant in a therapeutic or clinically significant way in relation to his mental health, including but not limited to taking medication as directed, with that treating practitioner’s recommended treatment.
53.If the father’s treating professional requires another authority to be executed by the father to confirm paragraph 51 at any point in time, he shall sign the same within seven (7) days of a request by that treating professional.
54.The father will provide to the mother an updated list, within seven (7) days of the date of this Order and keep the mother informed at all times as to any change to said list, as to his treating professionals to include but not be limited to her psychiatrist, psychologist, counsellor and general practitioner and will advise the father of any change within seven (7) days of the change occurring.
Authorities
55.This Order shall be an authority directed to the school to provide to the father and the mother, at their request and at the cost (if any) of the requesting parent, a copy of the children’s school reports, newsletters and other communications from the school concerning the children.
56.This Order shall be an authority directed to children’s medical practitioners to provide to the father and the mother, at their request and at the cost (if any) of the requesting parent, a copy of any medical or health information or records of the child/ren that they are able to provide pursuant to the law.
57.This Order is authority for the mother and the father to provide to the children’s school/extracurricular a copy of this Order.
Miscellaneous
58.That the parents will confer with each other before enrolling the children in any extracurricular activity without the consent of the other parent and without having first agreed in writing as to the following prior to the children’s enrolment in that activity:
(a)what the activity will be;
(b)how the cost of the child’s attendance at such activity and the cost of and incidental to that activity is to be met by each parent;
(c)the arrangements for the children’s attendance at such activity.
59.That the mother and father do all acts and things and sign all documents necessary to record each of the mother and the father as a parent.
60.That the name of the emergency contact at any school the children are or will be enrolled in will be the same as the parent holding parental responsibility pursuant to this Order and whom the children live with.
61.That the mother and father do all acts and things and sign all documents necessary to ensure that the children’s surname at any school they attend is recorded as “Peder”.
62.That the Independent Children’s Lawyer remain involved in the matter for a period of three (3) months from the date of this Order.
IT IS FURTHER ORDERED THAT:
63.Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975 (Cth), the particulars of the obligations this Order create and the particulars of the consequences that may follow if a person contravenes this Order 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 this Order.
NOTATION:
A.This Order has been amended pursuant to r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) by correcting the paragraph numbering.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
CAREW J:
This matter was to commence as a five day parenting hearing before me today but the matter has resolved and the parents and the independent children’s lawyer (“ICL”) have signed a minute of order that they seek be made by consent. The compromise is described by the ICL as the “least worst outcome” for the children in circumstances where the ICL maintains serious concerns about the parenting of both parents. An order being in the best interests of children will always be subject to the caveat, namely, in the circumstances of the case.
These parenting proceedings concern two children, namely, X born 2015 and aged nine years and Y born 2017 and aged seven years (“the children”).
This is not the first time a so-called final parenting order has been made involving this family. In January 2022, a parenting order was made but after allegations were made against the mother’s then partner that he had sexually abused the mother’s older child, if not X, the two children the subject of these proceedings were, in effect, removed by the Department of Child Safety, Seniors and Disability Services (“Child Safety”) and placed with the father, in that they indicated that if he were to return the children to the mother, they would intervene. In August 2022, the final parenting order in so far as it provided for equal shared parental responsibility (that being the then term then used for parental decision making) and for the children to live with both the father and the mother was discharged until further order.
BACKGROUND
By way of brief background, the mother and father married in 2014 and separated on 9 December 2018. The parents’ divorce is to take effect from mid-2024.
Initially after the mother and father separated, the children lived with the mother and spent time with the father each alternate weekend. That arrangement continued until September 2019 when the mother withheld the children as a result of certain allegations.
On 7 February 2020, the father commenced proceedings. The matter proceeded to a final hearing where a final parenting order was made on 31 January 2022. The order granted the parents equal shared parental responsibility (as the term for parental decision making was then described), for the children to live with the mother and spend five nights per fortnight with the father. Shortly after the order was made, the parents agreed for the children to live in a week about arrangement, although there are differing views about how that change came about.
In late 2020, a protection order was made naming the mother as the aggrieved and the father as the respondent. The order expired in early 2022.
The father was born in 1990 and is 33 years of age. He is employed as a consultant.
The father re-partnered with Ms K in early 2020. They are engaged to be married. Ms K was born in 1993 and is 30 years of age. She is not employed outside the home. The father and Ms K commenced cohabitation in mid-2021 and live in a four-bedroom house in Town C. Ms K has three children who live with her aged nine, seven and five years. Ms K and the father also have a child together who is almost one year old.
The mother was born in 1988 and is 35 years of age. She is currently unemployed but had previously been employed in education and intends to return to that form of employment. The mother lives in a three-bedroom property in Town C. The mother has been diagnosed with post-traumatic stress disorder and a personality disorder.
The mother has one child from a previous relationship, namely P, born 2011 and aged 13 years (“P”).
The father contends that in May 2022, that the children commenced to live with him and did not see the mother as she was allegedly not coping.
On or about 6 June 2022, the father withheld the children due to Child Safety’s investigation of the mother’s household relating to her former partner, Mr Q.
On 22 June 2022, the father recommenced parenting proceedings.
P returned to live with the mother and proceedings previously commenced by Child Safety were discontinued in mid-2023. A five year protection order was made naming the mother as the aggrieved and Mr Q as the respondent, which expires in mid-2026. The mother and Mr Q are no longer in a relationship.
As already noted, on 26 August 2022, an interim order was made for the father to have sole parental responsibility for the children, for the children to live with him and spend supervised time with the mother for two hours per fortnight at a contact centre. That has proved problematic for some time, though I am told that the children currently spend 2 hours per fortnight with the mother supervised at a contact centre and, in addition to that, they have been attending reunification therapy with the mother with the assistance of a psychologist.
I have been assisted in the deliberation of whether to make the proposed order by the comprehensive submissions made on behalf of the ICL and adopted by counsel for the mother and the father.
The proposed order certainly requires a lot from each parent and that is because of the deficiencies identified with both parents. The proposed order addresses, as far as possible, the risks identified in each parents’ household.
In circumstances where all parties consent to an order, the Court is relieved of the requirement to consider in any detail the matters set out in s 60CC of the Family Law Act 1975 (Cth).
It seems to me that the proposed order provides all possible safeguards for the children to resume their relationship with their mother and to eventually move between the households of their parents in an equal time arrangement.
Accordingly, I make the order signed by the parties and the ICL. I will include an additional order that the ICL remain in the matter for a period of three months from the date of the order pursuant to r 3.11(5)(c) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), with the consent of the parties.
I certify that the preceding twenty-one (21) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Carew. Associate:
Dated: 20 May 2024
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