FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Renna & Grenville [2023] FedCFamC2F 1638
File number(s): NCC 328 of 2022 Judgment of: JUDGE BETTS Date of judgment: 6 December 2023 Catchwords: FAMILY LAW – Parenting – one child, aged 8 – child has anxiety and has been resistant to overnight time away from the mother since separation - where the Father has a somewhat harsh parenting style and lacks empathy – where the Father shared parental responsibility – where the Father seeks that the child immediately commence overnight time – where the Mother seeks that overnight time commence when the child turns 10 in accordance with the single expert witness’ recommendations – where the Court considers overnight time commence when the child turns 10 and that the Mother have sole parental responsibility – best interests of the child. Legislation: Family Law Act1975 (Cth), Pt VII Cases cited: Lainhart & Ellinson [2023] FedCFamC1A 200 Division: Division 2 Family Law Number of paragraphs: 220 Date of last submission/s: 5 December 2023 Date of hearing: 4 and 5 December 2023 Place: Newcastle Solicitors for the Applicant: N/A – Self-represented Counsel for the Respondent: Mr Bithrey Solicitors for the Respondent: Burke Mead Lawyers ORDERS
NCC 328 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR RENNA
Applicant
AND: MS GRENVILLE
Respondent
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
6 DECEMBER 2023
THE COURT ORDERS THAT:
1.That the Mother have sole parental responsibility for the child, X born in 2015.
2.X shall live with the Mother.
3.X shall spend time and communicate with the father as follows:
(a)From the date of these orders until 2025 being the date X turns ten (10) years of age:
(i)For eight (8) hours each alternate weekend as agreed but failing agreement, each alternate Sunday from 9.00am until 5.00pm;
(ii)On Father’s Day from 9.00am until 5.00pm; and
(iii)In 2024, Christmas Day from 9.00am until 5.00pm.
(iv)In 2025, Easter Sunday from 9.00am until 5.00pm.
(b)From 2025 once X is aged ten (10) years, and provided that Orders 6 and 7 are complied with:
(i)Each alternate weekend from 5.00pm Saturday until 5.00pm Sunday;
(ii)On Father’s Day from 9.00am until 5.00pm; and
(iii)In 2027 and each odd numbered year thereafter, Easter Sunday from 9.00am until 5.00pm.
(c)From 2027 once X is aged twelve (12) years and provided that Orders 6 and 7 are complied with:
(i)Each alternate weekend from 9.00am Saturday to 5.00pm Sunday;
(ii)On Father’s Day from 9.00am until 5.00pm;
(iii)In 2027 and each odd numbered year thereafter, Easter Sunday from 9.00am until 5.00pm.
4.In addition to the time at Order 3 above, X spend time with the Father during school holidays that immediately follow Term 4, as follows:
(a)From the date of the Orders until 2025, five days during the school holidays from 9.00am until 5.00pm each day with such days to be agreed between the parties in writing but failing agreement to occur as follows:
(i)In Christmas holidays 2023/2024, on five consecutive…
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CaseChat Overview and Summary
The court considered the child's anxiety and resistance to spending time away from the mother, as well as the father's somewhat harsh parenting style and lack of empathy. The court also took into account the single expert witness' recommendations, which suggested that overnight time should commence when the child turned 10. The court concluded that the child's best interests would be served by delaying the commencement of overnight time until the child turned 10, and by granting the mother sole parental responsibility.
In its judgment, the court ordered that the mother have sole parental responsibility for the child and that the child live with the mother. The court also set out detailed arrangements for the father's time with the child, including a phased approach to the commencement of overnight time, additional time during school holidays, and restrictions on the father's physical discipline of the child. The court further ordered that the father complete a parenting course and that the parties refrain from denigrating each other in front of the child, among other things. These orders reflect the court's determination that the child's best interests would be served by a gradual transition to increased time with the father, while prioritising the child's emotional well-being and stability.
Orders
Orders of the court
NCC 328 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR RENNA
Applicant
AND:
MS GRENVILLE
Respondent
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
6 DECEMBER 2023
THE COURT ORDERS THAT:
1. That the Mother have sole parental responsibility for the child, X born in 2015.
2. X shall live with the Mother.
3. X shall spend time and communicate with the father as follows:
(a) From the date of these orders until 2025 being the date X turns ten (10) years of age:
(i) For eight (8) hours each alternate weekend as agreed but failing agreement, each alternate Sunday from 9.00am until 5.00pm;
(ii) On Father’s Day from 9.00am until 5.00pm; and
(iii) In 2024, Christmas Day from 9.00am until 5.00pm.
(iv) In 2025, Easter Sunday from 9.00am until 5.00pm.
(b) From 2025 once X is aged ten (10) years, and provided that Orders 6 and 7 are complied with:
(i) Each alternate weekend from 5.00pm Saturday until 5.00pm Sunday;
(ii) On Father’s Day from 9.00am until 5.00pm; and
(iii) In 2027 and each odd numbered year thereafter, Easter Sunday from 9.00am until 5.00pm.
(c) From 2027 once X is aged twelve (12) years and provided that Orders 6 and 7 are complied with:
(i) Each alternate weekend from 9.00am Saturday to 5.00pm Sunday;
(ii) On Father’s Day from 9.00am until 5.00pm;
(iii) In 2027 and each odd numbered year thereafter, Easter Sunday from 9.00am until 5.00pm.
4. In addition to the time at Order 3 above, X spend time with the Father during school holidays that immediately follow Term 4, as follows:
(a) From the date of the Orders until 2025, five days during the school holidays from 9.00am until 5.00pm each day with such days to be agreed between the parties in writing but failing agreement to occur as follows:
(i) In Christmas holidays 2023/2024, on five consecutive days from the third Sunday in January until the following Thursday.
(ii) In Christmas holidays 2024/2025, on five consecutive days from 25 December until 29 December.
(iii) In Christmas holidays 2025/2026, on five consecutive days from the third Sunday in January until the following Thursday.
(b) From 2026/2027 school holidays, one five night block period of time in the school holidays to be agreed between the parties but failing agreement with such time to occur as follows and provided that Orders 6 and 7 are complied with:
(i) In Christmas holidays in 2026/2027 and each alternate year thereafter, from 9.00am on 25 December until 5.00pm on 30 December.
(ii) In Christmas holidays in 2027/2028 and each alternate year thereafter, from 9.00am on the third Sunday in January until 5.00pm on the following Friday.
5. Notwithstanding any other order herein, X’s time with the Father shall be suspended on the following occasions:
(a) The Mother’s Day weekend;
(b) In even numbered years, the Easter weekend;
(c) In 2023 and each alternate year thereafter, from 20 December until 10 January;
(d) In 2024 and each alternate year thereafter:
(i) On 24 December; and
(ii) From 31 December until 21 January.
6. That the Father shall within 14 days of the date of these Orders enrol in and thereafter complete the next available:
(a) Parenting After Separation or Parent not Partners course through B Contact Centre or C Centre;
7. That upon the Father completing the course provided for in the above Order he shall within seven (7) days of receipt of same provide a copy of the certificate of completion to the Mother.
8. In the event that the Father fails to complete the course provided for in Order 6 and provide the certificates of completion to the Mother, then the increase in time provided for in Orders 3(b) and 4(b) shall not commence, and the Father’s time shall remain as set out in Order 3(a) and 4(a).
9. That the Mother be at liberty to nominate one period of up to twenty one (21) days in each calendar year in which the Father’s time will be suspended to enable to the Mother to take holidays with the child, and the Mother shall provide the Father with not less than fourteen (14) days written notice and the Father’s time will be suspended for the durations of that period.
10. Changeovers shall take place by the parties meeting at X’s extra-curricular events in the event X is partaking in same at the time of a changeover, or otherwise the Father collecting X from and returning him to the Mother outside the Mother’s residence.
11. The Father is restrained from physically disciplining X or causing or permitting any third party to physically discipline X.
12. The parties are restrained from denigrating one another to or in the presence or hearing of X, or causing or permitting any third party to do so.
13. The parties are restrained from discussing these Court proceedings with X or showing X any Court documents, or causing or permitting any third party to do so.
14. That pursuant to section 11(1)(b) of the Australian Passports Act 2005 (Cth) the Mother is permitted to obtain a passport for X without the consent of the Father.
15. That pursuant to section 65Y of the Family Law Act the Mother be at liberty to travel overseas with X during her time with X pursuant to these Orders provided that at least twenty eight (28) days prior to travel she provides the Father with the following:
(a) Proposed departure and return dates.
(b) Flight details including airline(s), forward and return flight details.
(c) An itinerary of where X will be staying and the name(s) of any other person(s) attending.
(d) Contact details for all accommodation.
16. These Orders authorise the Father to obtain from the school at his expense copies of all documents, reports, school photograph order forms and any other correspondence normally sent by schools to parents of a student.
17. This Order authorises the Father to obtain any medical information in relation to X from X’s General Practitioner at the Father’s cost.
18. Nothing in these Orders prohibits or is intended to prohibit the Father from:
(a) Attending at X’s sporting or extra-curricular events subject to the policies of the extra-curricular care provider
(b) Arranging a parent/teacher interview with the school if the school is willing to facilitate this.
19. The Mother is to provide a copy of this Order to any school attended by X from time to time as well as to X’s usual General Practitioner.
20. The parties will advise and keep the other party advised of their current address and contact details, including a telephone number and an email address to be used to communicate with X.
21. If X expresses a wish to communicate by telephone or electronic means with the other parent then the parent who has X at that time will take all reasonable steps to facilitate such communication.
22. Unless there is an application for costs brought within twenty eight (28) days the proceedings are to be removed from the list of active pending cases.
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).
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
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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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