Radic and Rogers

FEDERAL CIRCUIT COURT OF AUSTRALIA

RADIC & ROGERS [2018] FCCA 1336

Catchwords:
FAMILY LAW – Parenting – 2 children – mother has long standing drug and alcohol abuse, mental health issues – family violence in mother’s house – repeated failure of mother to comply with orders – no evidence of mother having addressed her issues – long term supervision contact contraindicated – no time for mother.

Legislation:

Family Law Act 1975 (Cth), pt.VII

Federal Circuit Court Rules 2001 (Cth), rr.13.03A, 13.03B(2)(d)

Cases cited:
Betros & Betros [2017] FamCAFC 90

Applicant: MR RADIC

Respondent: MS ROGERS

File Number: NCC 627 of 2016

Judgment of: Judge Middleton

Hearing date: 1 May 2018

Date of Last Submission: 1 May 2018

Delivered at: Newcastle

Delivered on: 1 May 2018

REPRESENTATION

Counsel for the Applicant: N/A

Solicitors for the Applicant: N/A

Counsel for the Respondent: N/A

Solicitors for the Respondent: N/A

Counsel for the independent children's lawyer: N/A

Solicitors for the independent children's lawyer: Krstina Wooi

ORDERS

1. All previous orders be discharged.

2. The children [X] born 2013 and [Y] born 2008 (“the children”) live with the Father.

3. The Father have sole parental responsibility for the children.

4. The children spend no time with the Mother unless agreed to in writing by the Father.

NOTATION:

A.In the event the Mother is able to prove that there has been a material change in circumstances there should be no bar to commencing fresh proceedings.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE

NCC 627 of 2016

MR RADIC

Applicant

And

MS ROGERS

Respondent

REASONS FOR JUDGMENT

(Ex Tempore)

1. These reasons for judgment were delivered orally.  They have been corrected from the transcript.  Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

Background

1. This matter was listed before me today, in circumstances where the mother had failed to attend on the last occasion. The mother is present today. However, I have decided to finalise the matter, pursuant to rule 13.03B(2)(d) of the Federal Circuit Court Rules 2001 (Cth), as the mother has been in default, pursuant to rule 13.03A, on many occasions.

2. An interim hearing was conducted on 16 December 2016. 

3. On 21 December 2016, I delivered my reasons for decision and judgment. 

4. This matter involves two children:  [Y], born 2008, and [X], born 2013.  They have lived with their father since I made the orders, on 21 December 2016.

5. On that occasion, I made orders for the children to see their mother one day each week, for five hours.

6. I made an order for the mother to obtain a mental health assessment and for her to provide evidence of the assessment and diagnosis and treatment to the father or his solicitor. 

7. I also made an order for the mother to comply with any treatment regime prescribed by her doctor or psychologist. 

8. Since…