FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Reynolds & Reynolds [2025] FedCFamC2F 85
File number(s): ADC 1765 of 2023 Judgment of: JUDGE PARKER Date of judgment: 28 January 2025 Catchwords: FAMILY LAW – PARENTING – unacceptable risk – mutual allegations of family violence – illicit drug abuse – mental health concerns – history of non-compliance with court orders – limited parental insight – conditions to be attached to progression from supervised to unsupervised time Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 60CA, 60CC, 60CG, 68LA, 91B, 102NA, 114AB
Cases cited: A & A [1998] FamCA 25; (1998) FLC ¶92-800
B & B [1993] FamCA 143; (1993) FLC ¶92-357
Bain & Bain (Deceased) [2017] FamCAFC 80; (2017) FLC ¶93-772
Bant & Clayton [2019] FamCAFC 198; (2019) FLC ¶93-924
Blinko & Blinko [2015] FamCAFC 146
Cauchi & Cauchi [1993] FamCA 140; (1994) FLC ¶92-447
Champness & Hanson [2009] FamCAFC 96; (2009) FLC ¶93-407
Denton & Denton (No 3) [2024] FedCFamC1F 476
Ellis v Wallsend District Hospital (1989) 17 NSWLR 553
Harridge & Harridge [2010] FamCA 445
Isles & Nelissen [2022] FedCFamC1A 97; (2022) FLC ¶94-092
L & T [1999] FamCA 1699; (1999) FLC ¶92-875
M & M [1988] HCA 68; (1988) 166 CLR 69
Melounis & Melounis (No 4) [2024] FedCFamC1F 778
Moose & Moose [2008] FamCAFC 108; (2008) FLC ¶93-375
N & S & The Separate Representative [1995] FamCA 139; (1996) FLC ¶92-655
Napier & Hepburn [2006] FamCA 1316; (2006) FLC ¶93-303
Oberlin & Infeld [2021] FamCAFC 66; (2021) FLC ¶94-017
Oyama & Oyama [2024] FedCFamC1F 738
Pascoe & O’Keefe and Ors [2018] FamCAFC 243
Pickford & Pickford [2024] FedCFamC1A 249
Scott & Scott [1994] FamCA 12; (1994) FLC ¶92-457
Slater & Light [2013] FamCAFC 4
Vasser & Taylor-Black [2007] FamCA 547; (2007) FLC ¶93-329
Division: Division 2 Family Law Number of paragraphs: 210 Date of hearing: 20-24 January 2025 Place: Adelaide Counsel for the Applicant: Mr Praolini Solicitor for the Applicant: Stevens Law Counsel for the Respondent: Self Represented Counsel for the Independent Children's Lawyer: Mr Dillon Solicitor for the Independent Children's Lawyer: Shorter Legal Pty Ltd ORDERS
ADC 1765 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR REYNOLDS
Applicant
AND: MS REYNOLDS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
28 JANUARY 2025
UPON NOTING THAT:
A.Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, 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 an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1.All previous parenting orders with…
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CaseChat Overview and Summary
The court found that the father should have sole decision-making responsibility for major long-term issues concerning the children, provided he consults and informs the mother in writing of any decisions made. The children were to live with the father, and the mother was to have supervised time with them through the B Children’s Contact Service. The supervised visits were limited to one session per fortnight, not exceeding two hours, at the mother’s expense. After twelve supervised visits, the mother had to obtain an Observational Report from the service director and provide it to the father. If the report did not raise any concerns, the mother could then spend unsupervised time with the children under specific conditions, including completing an addiction recovery program, undergoing various therapeutic sessions, and providing clear hair follicle tests for illicit substances.
The court imposed strict conditions on the mother’s time with the children, including the requirement for a nominated supervisor to be present during handovers and at all times the children were with the mother. The supervisor had to be informed of their obligations and alerted the father if they had any concerns about the mother’s presentation or behaviour. If the mother failed to meet these conditions or showed up for handover without a supervisor on two consecutive occasions, the next scheduled visit would be cancelled. Both parents were restrained from approaching each other at events involving the children and from consuming illicit substances or alcohol near the children.
The court also directed the father to engage with a parenting service to develop his insight into the children’s emotional needs and the connection between their cognitions, emotions, and behaviours. Communication between the parents was restricted to the AppClose co-parenting application and only regarding the children’s care, welfare, and development. The parents were prohibited from exposing the children to age-inappropriate materials and from discussing the proceedings or related issues with the children or in their presence. Additionally, they were enjoined from publishing any information from the proceedings on social media. The father was also prohibited from allowing the children to access the attic of his house unless supervised by an adult.
The appointment of the Independent Children’s Lawyer was discharged under certain conditions, and the parties were granted liberty to make further applications to the court if the children’s time with the mother could not progress for reasons other than the mother’s failure to take necessary steps. All other extant applications were dismissed.
Orders
Orders of the court
ADC 1765 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR REYNOLDS
Applicant
AND:
MS REYNOLDS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE PARKER
DATE OF ORDER:
28 JANUARY 2025
UPON NOTING THAT:
A. Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975, 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 an comply with an order are set out in Annexure A and the Fact Sheet from the Federal Circuit and Family Court attached hereto and these particulars are included in and form part of these orders.
THE COURT ORDERS THAT:
1. All previous parenting orders with respect to the children X born in 2017 (‘X’) and Y born in 2019 (‘Y’) (collectively ‘the children’) are hereby discharged.
Decision-making responsibility
2. The Father have sole decision-making responsibility with respect to major long-term issues for the children, PROVIDED THAT the Father:
(a) consult the Mother in writing prior to making any major long-term decisions regarding the children or either of them; and
(b) advise the Mother in writing of any decision made by him regarding any major long term issues affecting the children or either of them.
Living arrangements
BY CONSENT
3. The children live with the Father.
Time and communication
BY THE COURT
4. The children spend supervised time with the Mother through the B Children’s Contact Service on the following conditions:
(a) There be no more than one (1) session per fortnight, which is not to exceed two (2) hours in duration;
(b) The visits are to be at the sole expense of the Mother; and
(c) Following the conclusion of twelve (12) supervised visits, the Mother obtain an Observational Report from the Director of the Service at the Mother’s sole expense regarding the supervised time spending with the Mother and provide the Father with a copy of the report within seven (7) days of receipt.
5. That upon the conclusion of the children’s fourth supervised visit with the Mother, the Mother is at liberty to communicate with the children by video call every Wednesday from 5:00pm (or such other time as may be agreed between the parties in writing) with the Mother to initiate the call to the Father via the AppClose co-parenting application and with the Father to facilitate the call with the children for as long as the children are willing to engage in the call.
6. On provision of the report referred to at subparagraph 4(c) above, and PROVIDED THAT the report does not raise any concerns regarding the Mother or observed interactions between the Mother and the children, the children spend time with the Mother each alternate Saturday and Sunday from 10:00pm until 2:00pm (or such other time as may be agreed between the parties), with such time to be supervised by the maternal grandmother or such other supervisor as may be agreed between the parties.
7. Prior to the commencement of the time provided for at order 6 herein, the maternal grandmother or other nominated supervisor provide to the Father a properly executed undertaking witnessed by a Justice of the Peace, solicitor or other qualified witness, setting out:
(a) Their full name, address and mobile telephone number;
(b) That they have read the ‘Should I Supervise’ pamphlet published by the Legal Services Commission of South Australia and understood those obligations;
(c) That they will be present at all times the children spend with the Mother including handover; and
(d) That they will alert the Father immediately, via telephone, in the event that the Mother appears under the influence of any substance or that they otherwise have concerns regarding the Mother’s presentation or behaviour and take immediate steps to return the children to the Father.
8. In the event that the maternal grandmother is to be the nominated supervisor, the Mother forthwith provide to the Independent Children’s Lawyer a contact telephone number for the maternal grandmother and the Independent Children’s Lawyer thereafter explain to the maternal grandmother the obligations of being a supervisor.
BY CONSENT
9. For the purposes of paragraph 6 herein, the supervisor of the children’s time with the Mother must be present at handovers both at the commencement and the conclusion of such time.
10. For the purposes of paragraph 6 herein, in the event that the supervisor is not present at handovers, at the commencement of the Mother’s time, and/or the children are required to be returned to the Father due to concerns about the Mother’s presentation, the children’s time spending period with the Mother will not proceed on that occasion.
BY THE COURT
11. In the event that the parties are unable to agree upon a supervisor for the time the children are to spend with the Mother pursuant to paragraph 6 herein or that the nominated supervisor is unwilling or unable to supervise such time, then the children shall spend with the Mother at C Children’s Contact Service unsupervised onsite playgroup at such times and frequency as may be offered by C Children’s Contact Service PROVIDED such time shall take place no more frequently than on one occasion each alternate week.
12. Upon the Mother’s compliance with paragraph 14 herein, the children spend unsupervised time with the Mother each alternate Saturday and Sunday from 10:00pm until 2:00pm or such other times as may be agreed between the parties in writing.
13. Upon the Mother’s compliance with paragraph 15 herein, the children spend time with the Mother:
(a) From 12:00 pm Saturday until 6:00pm Sunday (or such other times as may be agreed between the parties in writing) each alternate weekend;
(b) For three hours as agreed on each child’s birthday if the children are not already in the Mother’s care and in the absence of agreement from the conclusion of school (or 3.30pm if a non-school day) until 6.30pm;
(c) From 12pm Christmas Eve until 12pm Christmas Day in each odd numbered year (with the children spend time with the Father at those same times in each even numbered year);
(d) From 12pm Christmas Day until 12pm Boxing Day in each even numbered year (with the children spend time with the Father at those same times in each odd numbered year); and
(e) On such further and other dates, at such times and under such conditions as may be agreed between the parties in writing.
Conditions attaching to time
14. The children’s time with the Mother pursuant to paragraph 12 herein be conditional upon the following:
(a) The Mother completing the addiction recovery program offered by D Centre and providing to the Father a report detailing her attendance, engagement and progress; and
(b) The Mother providing to the Father a hair follicle test clear for all illicit substances.
15. The children’s time with the Mother pursuant to paragraph 13 herein be conditional upon the following:
(a) The Mother providing to the Father two hair follicle tests which are negative for all illicit substances, the first being provided not earlier than six (6) months after the provision of the recovery program report pursuant to subparagraph 14(a) above, and the second being provided not earlier than a further six (6) months after provision of the first;
(b) The Mother completing the ‘graduate program’ or such other follow-up program as may be recommended by D Centre following completion of the recovery program; and
(c) The Mother undertaking and providing to the Father a report demonstrating that she has undertaken:
(i) At least four (4) sessions of either trauma focused cognitive behaviour therapy or desensitisation reprocessing as recommended by the therapist engaged by her; and
(ii) At least four (4) sessions of dialectical behaviour therapy with the same therapist or such other therapist as may be recommended by the therapist engaged to provide the therapy provided for at subparagraph (i) above.
16. For the purposes of the therapies referred to in paragraph 15 herein:
(a) The Mother shall provide the treating professional(s) undertaking the therapies with a copy of the report of Dr G dated 26 September 2024 and a copy of this judgment;
(b) The Mother shall continue such therapy for such period, and at such frequency, as is recommended by the treating therapist; and
(c) The Mother shall provide the Father with a report of the treating therapist each six (6) months confirming the Mother has attended at all scheduled appointments, and otherwise remained complaint with the recommendations of the treating therapist.
Other matters
17. The parties each be at liberty to attend all extracurricular, school and sporting events involving the children to which parents are ordinarily invited, PROVIDED THAT:
(a) In the case of the Mother, this liberty shall not apply until such time as she commences to spend time with the children in accordance with paragraph 12 hereof; and
(b) The parties shall each be restrained from approaching the other at such events.
18. The Mother be and is hereby restrained from approaching the children while they are in the care of the Father pursuant to these orders or removing them from his care save as specifically provided for in these orders.
19. In the event of any of the following occurring:
(a) The Mother attending handover without a supervisor on two consecutive occasions when she is scheduled to spend time with the children pursuant to order 6 herein;
(b) The Mother withholding the children from the Father’s care contrary to orders of the Court without the Father’s written consent; or
(c) The Mother, on two consecutive occasions, returning the children to the Father’s care more than 30 minutes late without the written Father’s consent;
the next scheduled period of time between the Mother and the children pursuant to the orders will not proceed.
BY CONSENT
20. All handovers not taking place at the children’s school shall take place at a location as agreed between the parties in writing or in default of agreement, inside Suburb F Police Station.
21. The Father continue to engage with E Centre for as long as recommended by the service, to assist the Father with the following:
(a) guidance on protective and positive parenting strategies to develop his insight into the children’s emotional needs; and
(b) developing his insight into the connection between children’s cognitions, emotions and behaviours.
22. The parties communicate with each other via the AppClose co-parenting application only, with such communication to relate to the care, welfare and development of the children only.
23. The parties are each restrained and an injunction is hereby granted restraining each of them from:
(a) Abusing, denigrating or criticising the other parties or the other party’s family in the presence of the children, or from allowing any other person to do so;
(b) Physically disciplining the children, or from allowing any other person to do so;
(c) Consuming any illicit substance or drinking alcohol to excess at least twenty-four (24) hours before the children coming into his or her care or whilst the children is in his or her care;
(d) Discussing these proceedings or any allegations or issues raised in these proceedings with the children, or in their presence, or allowing any other person to do so;
(e) Exposing the children to age-inappropriate materials, or allowing any other person to do so; and
(f) Publishing any information from these proceedings or any issues or allegations raised in these proceedings on any form of social media whatsoever, including but not limited to Facebook.
24. On a without admissions basis, the Father is restrained by injunction from allowing the children to access the attic of the Father’s house unless supervised by an adult.
BY THE COURT
25. The appointment of the Independent Children’s Lawyer is discharged upon the earlier of:
(a) The Independent Children’s Lawyer’s compliance with paragraph 8 herein; or
(b) The Independent Children’s Lawyer having been unable to arrange to meet with the Maternal Grandmother for the purpose of compliance with paragraph 8 herein for a period of 60 days following the date of these orders.
26. The parties each have liberty to make further application to the Court in the event that the children’s time with the Mother as provided for in these orders is unable to progress by reason other than the Mother having failed to take the necessary steps to procure its progression.
27. All extant applications are otherwise dismissed.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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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