RENNISON & GRIMWADE

[2010] FamCA 249

FAMILY COURT OF AUSTRALIA

RENNISON & GRIMWADE [2010] FamCA 249

FAMILY LAW – CHILDREN – interim orders – where there has been previous consent orders for the child to live with the father and spend time with the mother – where the maternal grandfather has been charged with sexually abusing the child – where the mother’s time with the child has been suspended – application by the mother to reinstate time – best interests – orders made for the child to spend time with mother but subject to various protective injunctions

FAMILY LAW – INJUNCTIONS – orders that the mother be restrained from permitting the child from having any contact with maternal grandparents

Family Law Act 1975 (Cth) ss 60CA & 60CC

APPLICANT: Mr Rennison

RESPONDENT: Ms Grimwade

INDEPENDENT CHILDREN’S LAWYER: Legal Services Commission

FILE NUMBER: ADC 138 of 2010

DATE DELIVERED: 2 MARCH 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

EX TEMPORE REASONS OF: BURR J

HEARING DATE: 2 MARCH 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT:	MS BOZCO
SOLICITOR FOR THE APPLICANT:	ALL FAMILY LAW

COUNSEL FOR THE RESPONDENT:	MRS TINNING
SOLICITOR FOR THE RESPONDENT:	ANDERSONS SOLICITORS

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:	MRS REED
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	LEGAL SERVICES COMMISSION

Orders

1. Further consideration of the proceedings be adjourned to 2.15 pm on Monday 19 April 2010 before the Honourable Justice Burr.

2. If there is no objection, leave is granted to the parties and the Independent Children’s Lawyer to inspect and copy all documents produced pursuant to subpoenae issued in these proceedings (save and except any electronically recorded interview(s) of the child J born … March 2002) and subject to any privilege claimed.

3. If there is no objection, leave is granted to the Independent Children’s Lawyer to inspect any electronically recorded interview(s) of the said child J and if deemed necessary to obtain a copy thereof.

4. The question of whether or not any electronically recorded interview(s) of the said child J be made available for inspection by others and any conditions attached thereto be adjourned for further consideration on a date to be fixed.

AND IT IS FURTHER ORDERED, DURING THE PERIOD OF THE ADJOURNMENT, THAT:-

1. J live with the father who shall have sole parental responsibility for the said child.

2. The mother spend time with the child from 10.30 am on Saturday until 5.30 pm on Sunday commencing on Saturday 13 March 2010 and each alternate weekend thereafter.

3. All handovers take place inside the Adelaide Police Station.

4. The mother have telephone communication with the child as follows:-

   (a)on J’s birthday (… March 2002) for a period of time between 6.00 pm and 6.30 pm;

   (b)for a period of time between 6.00 pm and 6.30 pm on Sunday 7 March 2010 and each alternate Sunday thereafter

   with:-

   (c)the mother to telephone the father’s mobile telephone number 04…;

   (d)the father to ensure that his said mobile telephone is charged, switched on and in working order at such time;

   (e)leave to the father to enable such telephone communication to be conducted in the hands free method.

5. The mother be restrained and an injunction is hereby granted restraining the mother from:-

   (a)permitting J to have any form of contact or communication with the maternal grandparents, including physical, verbal or electronic, and from permitting any other person to do so;

   (b)discussing any aspect of the criminal proceedings or the proceedings before this Court or any issues touching upon these proceedings with the child, in the child’s presence or hearing and from permitting any other person to do so.

6. The father be restrained and an injunction is hereby granted restraining the father from discussing any aspect of the criminal proceedings or the proceedings before this Court or any issues touching upon these proceedings with the child, in the child’s presence or hearing and from permitting any other person to do so.

7. Pending further enquiries by the Independent Children’s Lawyer the father be restrained and an injunction is hereby granted restraining him from permitting J to engage in any form of counselling in relation to the allegations that have resulted in the criminal charges being laid against the maternal grandfather.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 138  of 2010

MR RENNISON

Applicant

And

MS GRIMWADE

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. I have before me proceedings in respect of a young girl J born in March 2002 and who is thus almost 8 years of age.  In previous disputed proceedings between the parties in the Federal Magistrates Court they ultimately achieved a consensual arrangement by way of final Orders on 30 October 2006.  In those Orders J was to live with the father but spend regular periods of time with the mother, including two out of every three weekends from 6.30 pm on the Friday until 6.30 pm on the Sunday (or Monday in the event of it being a long weekend). There is nothing on the file to indicate to me that those arrangements were anything but successful and that each of the parties complied with their obligations pursuant to those Orders.

2. That all changed on 31 December 2009 when J made a disclosure to the father’s fiancé of sexual abuse by the maternal grandfather.  Things moved very quickly thereafter and in January 2010 the maternal grandfather was arrested and charged with various counts of indecent assault, sexual intercourse without consent and indecent behaviour.  The maternal grandfather is presently bailed in relation to those charges. 

3. Whilst further enquiries were made and further information was gathered to place before the Court, the mother’s time with J was suspended apart from limited telephone communication.  Subsequently, by arrangement between the parties, there have been differing forms of electronic communication as well.

4. The mother now seeks the reinstatement of her time as indicated in the consent Orders of 30 October 2006.  That application is opposed by the father but supported by the Independent Children’s Lawyer. 

5. I have considered all of the relevant provisions of the legislation, particularly Section 60CA and Section 60CC.

6. It is critically important, given the seriousness of the allegations, the specific detail of which is contained in Affidavits filed in these proceedings and which is particularly alarming and concerning, to move to protect the child in every way possible.  However, she does not require, on any of the information before the Court, protection from her mother.  There is no suggestion in the documents filed that the mother was implicated in the alleged abuse of J in any way, was not vigilant as to the abuse which is alleged to have occurred or was in any way acquiescent in it.  The fault as to the very serious allegations falls fairly and squarely at the feet of the maternal grandfather.

7. However, I retain some residual concern about allowing the maternal grandmother to have any time with J.  There is no information yet before the Court which would indicate what, if any, role the maternal grandmother may have played, not necessarily to the extent of being an active participant but again potentially being acquiescent or lacking in appropriate vigilance.

8. As there are no allegations against the mother herself, it seems inappropriate and not in J’s best interests that she be deprived from spending regular time with her mother who has been part of her life for the whole of her 8 years until December of last year.

9. In those circumstances, I am satisfied that it represents J’s best interests to resume time with her mother.  However, I am still concerned, particularly in light of the most recent disclosures as detailed in the affidavit of the father’s fiancé handed to the Court this day, that there are additional matters which will attract the attention of the police and may result in further enquiry and investigation being undertaken.  In my view, that indicates some additional level of caution may be appropriate and that the reintroduction of the mother’s time at the previous level is not presently supported but may well be in the not too distant future.

10. In those circumstances, I believe it appropriate to order that the mother spend time with J on a regular basis but only in circumstances where there is a raft of injunctions protective of the child’s welfare.

I certify that the preceding ten (10) paragraphs are a true copy of the Ex tempore reasons for judgment of the Honourable Justice Burr.

Associate: 

Date: