Raymont & Barrille - [2021] FCCA 1325

FEDERAL CIRCUIT COURT OF AUSTRALIA
Raymont & Barrille [2021] FCCA 1325

File number(s): PAC 361 of 2021

Judgment of: JUDGE OBRADOVIC

Date of judgment: 25 June 2021

Catchwords: FAMILY LAW – Parenting – interim orders – assessment of risk – best interests of child – orders made for the child to spend supervised time with the father.

Legislation: Family Law Act 1975 (Cth) ss 69ZL

Cases cited: Goode v Goode [2006] FamCA 1346
Keats & Keats [2016] FamCAFC 156
Re K [1994] FamCA 21

Number of paragraphs: 28

Date of hearing: 22 April 2021 and 9 June 2021

Place: Parramatta

Counsel for the Applicant: Ms Haughton

Solicitors for the Applicant: Ca Williams Legal Pty Ltd

Appearing for the Respondent: In person
ORDERS

PAC 361 of 2021

BETWEEN:
MR RAYMONT

Applicant

AND:
MS BARRILLE

Respondent

ORDER MADE BY:

JUDGE OBRADOVIC

DATE OF ORDER:

25 JUNE 2021

PENDING FURTHER ORDER, THE COURT ORDERS THAT:
1.The child X born in 2018 shall live with the mother.
2.The child shall spend time with the father supervised by Suburb B Contact Centre or other appropriately qualified contact centre as follows:
a.   each alternate Sunday from 9am to 12pm; and
b.   if the contact centre is not able to supervise the father’s time with the child in accordance with (a) above, then the child shall spend time with the father for at least 2 hours each fortnight at times suitable to the parties and the contact centre.
3.Each party shall do all acts and things necessary to:
a.   Attend any appointments for assessment for suitability for supervision of the time the child spends with the father;
b.   Participate fully in the assessment;
c.   Comply with any appointments made by the contact centre for supervised time;
d.   Comply with all reasonable policies and rules of the contact centre; and
e.   Comply with all reasonable requests or directions of the staff of the contact centre.
4.The father shall pay the costs of the supervision at Suburb B Contact Centre or other agreed contact centre.
5.The father shall undertake (by provision of urine screen in accordance with the Australian/NZ Standard 4308:2008 or any subsequent approved standard) urinalysis for drug screening within 24 hours of a request to do so from the Independent Children’s Lawyer (as appointed), provided always that such request shall not occur more frequently than once per calendar month. The father shall provide copies of the results of the tests to the other party and the Independent Children’s Lawyer within 24 hours of receipt of same.
6.Pursuant to s.68L of the Family Law Act1975 an Independent Children’s Lawyer is appointed for X, born in 2018 and request the Legal Aid Commission of NSW to provide such representation.
7.The parties are to provide to the Independent Children’s Lawyer, within 48 hours of receiving notice of their appointment, all documents thus far filed by them in these proceedings together with all existing orders and copies of any relevant reports.
8.The parties are to provide to the Independent Children’s…

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 Raymont & Barrille

Details

AGLC: Raymont & Barrille [2021] FCCA 1325
Case: [2021] FCCA 1325
Decision Date: 25 June 2021

CaseChat Overview and Summary

In the matter of Raymont & Barrille, heard before Judge Obradovic, the court considered an application concerning the living arrangements and time spent with a child, X, born in 2018. The dispute involved the father, Mr Raymont, and the mother, Ms Barrille, regarding the welfare and care of their child.

The court was required to determine the primary residence of the child, the nature and extent of the child's time with the father, and the conditions and requirements to be imposed on the father to ensure the child's safety and well-being during contact. Additionally, the court needed to address the father's compliance with drug screening protocols and the appointment of an Independent Children's Lawyer.

Judge Obradovic ordered that the child, X, shall live with the mother. The father was granted supervised time with the child, to occur on alternate Sundays from 9 am to 12 pm, or alternatively, for at least two hours each fortnight if the designated contact centre could not facilitate the Sunday arrangements. The father was directed to attend assessment appointments for supervised contact, participate fully in the assessment, and comply with the contact centre's policies and staff directions. The father was also ordered to bear the costs of supervision and to undertake urinalysis for drug screening upon request from the Independent Children's Lawyer, with results to be provided to the mother and the ICL. An Independent Children's Lawyer was appointed for the child, X, with a request made to the Legal Aid Commission of NSW for representation. The parties were ordered to provide all filed documents, existing orders, and relevant reports to the ICL within 48 hours of their appointment. The matter was subsequently listed for directions.

Orders

Orders of the court

PAC 361 of 2021

BETWEEN:

MR RAYMONT

Applicant

AND:

MS BARRILLE

Respondent

ORDER MADE BY:

JUDGE OBRADOVIC

DATE OF ORDER:

25 JUNE 2021

PENDING FURTHER ORDER, THE COURT ORDERS THAT:

1. The child X born in 2018 shall live with the mother.

2. The child shall spend time with the father supervised by Suburb B Contact Centre or other appropriately qualified contact centre as follows:

a. each alternate Sunday from 9am to 12pm; and

b. if the contact centre is not able to supervise the father’s time with the child in accordance with (a) above, then the child shall spend time with the father for at least 2 hours each fortnight at times suitable to the parties and the contact centre.

3. Each party shall do all acts and things necessary to:

a. Attend any appointments for assessment for suitability for supervision of the time the child spends with the father;

b. Participate fully in the assessment;

c. Comply with any appointments made by the contact centre for supervised time;

d. Comply with all reasonable policies and rules of the contact centre; and

e. Comply with all reasonable requests or directions of the staff of the contact centre.

4. The father shall pay the costs of the supervision at Suburb B Contact Centre or other agreed contact centre.

5. The father shall undertake (by provision of urine screen in accordance with the Australian/NZ Standard 4308:2008 or any subsequent approved standard) urinalysis for drug screening within 24 hours of a request to do so from the Independent Children’s Lawyer (as appointed), provided always that such request shall not occur more frequently than once per calendar month. The father shall provide copies of the results of the tests to the other party and the Independent Children’s Lawyer within 24 hours of receipt of same.

6. Pursuant to s.68L of the Family Law Act 1975 an Independent Children’s Lawyer is appointed for X, born in 2018 and request the Legal Aid Commission of NSW to provide such representation.

7. The parties are to provide to the Independent Children’s Lawyer, within 48 hours of receiving notice of their appointment, all documents thus far filed by them in these proceedings together with all existing orders and copies of any relevant reports.

8. The parties are to provide to the Independent Children’s Lawyer immediately upon notification of their appointment, a copy of any subpoena issued in the proceedings.

9. The matter is listed for directions at 11:30am on 25 October 2021.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

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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File number(s):	PAC 361 of 2021
Judgment of:	JUDGE OBRADOVIC
Date of judgment:	25 June 2021
Catchwords:	FAMILY LAW – Parenting – interim orders – assessment of risk – best interests of child – orders made for the child to spend supervised time with the father.
Legislation:	Family Law Act 1975 (Cth) ss 69ZL
Cases cited:	Goode v Goode [2006] FamCA 1346 Keats & Keats [2016] FamCAFC 156 Re K [1994] FamCA 21
Number of paragraphs:	28
Date of hearing:	22 April 2021 and 9 June 2021
Place:	Parramatta
Counsel for the Applicant:	Ms Haughton
Solicitors for the Applicant:	Ca Williams Legal Pty Ltd
Appearing for the Respondent:	In person

ORDER MADE BY:	JUDGE OBRADOVIC
DATE OF ORDER:	25 JUNE 2021