Quinlan and Guilfoyle - [2015] FamCA 1160

FAMILY COURT OF AUSTRALIA

QUINLAN & GUILFOYLE

[2015] FamCA 1160

FAMILY LAW – CHILDREN – Application by mother seeking orders that child live with her and that the child spends no time with the father - Application by mother seeking orders for sole parental responsibility of the child – Allegations of violence - Order by consent that child live with the mother – Order by consent that mother have sole parental responsibility for the child - Orders by determination that the father spend no time with the child and have no communication with the child except as agreed, in writing, by the parties, or by order of a court exercising jurisdiction under the Family Law Act1975 (Cth)

Family Law Act 1975 (Cth) s 60CC

Theophane & Hunt (Final Parenting Orders) [2014] FamCA 1038

APPLICANT:	Ms Quinlan
RESPONDENT:	Mr Guilfoyle

INDEPENDENT CHILDREN’S LAWYER:

Mr Lewis

FILE NUMBER:

LNC

2015

DATE DELIVERED:

9 November 2015

PLACE DELIVERED:

Launceston

PLACE HEARD:

Launceston

JUDGMENT OF:

Benjamin J

HEARING DATE:

9 November 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Verney

SOLICITOR FOR THE APPLICANT:

Mathew Verney

COUNSEL FOR THE RESPONDENT:

Mr Guilfoyle in person

COUNSEL FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Mr Lewis

SOLICITOR FOR THE INDEPENDENT

CHILDREN’S LAWYER:

David Lewis Barrister at Law

Orders

BY CONSENT B born … 2010 (‘the child’) live with Ms Quinlan (‘the mother’).
BY CONSENT the mother have sole parental responsibility in relation to the child, such parental responsibility does not extend to the changing of the child’s name without the consent of Mr Guilfoyle (‘the father’) or order of a court exercising jurisdiction under the Family Law Act 1975 (Cth).

IT IS FURTHER ORDERED BY DETERMINATION

The father spend no time with the child and have no communication with the child except as agreed, in writing, by the parties, or by order of a court exercising jurisdiction under the Family Law Act 1975 (Cth).
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.
Leave be given for the father to make copies of Dr A’s report in respect of this matter, available to any treating medical practitioner whom he consults, together with a copy of these orders.
All extant applications be dismissed.
Any application for costs ought to be made in accordance with the Rules under the Family Law Rules 2004 (Cth).
All subpoenaed documents and exhibits be returned to the persons or institutions from which they emanated following the appeal period.

IT IS NOTED

The father was informed of the provisions of s 121 of the Family Law Act 1975 (Cth) in terms of his Internet page.

IT IS CERTIFIED

Pursuant to Rule 19.50 of the Family Law Rules 2004 (Cth) it…

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 Quinlan and Guilfoyle

Details

AGLC: Quinlan and Guilfoyle [2015] FamCA 1160
Case: [2015] FamCA 1160
Decision Date: 9 November 2015

CaseChat Overview and Summary

In *Quinlan and Guilfoyle*, Benjamin J of the Family Court of Australia determined parenting orders concerning a child born in 2010. The proceedings involved the mother, Ms Quinlan, and the father, Mr Guilfoyle, and addressed issues of the child's residence, parental responsibility, and the father's contact with the child.

The court was required to determine the terms of parenting orders, specifically concerning the child's residence, the allocation of parental responsibility, and the extent of the father's future contact with the child. The orders also needed to address the process for changing the child's name and the consequences of contravening the court's directions.

By consent of the parties, the court ordered that the child live with the mother and that the mother have sole parental responsibility, with the caveat that changing the child's name would require the father's consent or a court order. The father was ordered to have no time or communication with the child except as agreed in writing by the parties or by further court order. The court also made provisions for the father to share a medical report with treating practitioners and included a fact sheet detailing the obligations and consequences of contravening the orders. All outstanding applications were dismissed, and directions were given regarding costs and the return of subpoenaed documents.

Orders

Orders of the court

BY CONSENT B born … 2010 (‘the child’) live with Ms Quinlan (‘the mother’).

BY CONSENT the mother have sole parental responsibility in relation to the child, such parental responsibility does not extend to the changing of the child’s name without the consent of Mr Guilfoyle (‘the father’) or order of a court exercising jurisdiction under the Family Law Act 1975 (Cth).

IT IS FURTHER ORDERED BY DETERMINATION

The father spend no time with the child and have no communication with the child except as agreed, in writing, by the parties, or by order of a court exercising jurisdiction under the Family Law Act 1975 (Cth).

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.

Leave be given for the father to make copies of Dr A’s report in respect of this matter, available to any treating medical practitioner whom he consults, together with a copy of these orders.

All extant applications be dismissed.

Any application for costs ought to be made in accordance with the Rules under the Family Law Rules 2004 (Cth).

All subpoenaed documents and exhibits be returned to the persons or institutions from which they emanated following the appeal period.

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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