FAMILY COURT OF AUSTRALIA
| RICHARDS & MORRIS (NO 3) | [2015] FamCA 901 |
| FAMILY LAW – CHILDREN – sole parental responsibility – children to live with the father – mother to have no contact whatsoever – mother permitted to send gifts – father to provide report on children to the mother – where the mother continually harassed the father – where the mother made numerous unsubstantiated complaints about the father – where the need to protect the children from the adverse consequences of interaction between the parties is in the children’s best interests – consideration of whether intermittent time with the mother is of benefit to the children – where the children presently have no relationship with the mother - consideration as to whether some form of regime of orders, short of a total prohibition on time and communication could be fashioned – consideration of whether the mother be permitted to bring a future application to be re-introduced into the children’s lives. |
| LEGISLATION Evidence Act 1999 (Cth) s 140 |
| CASES B Mahendra “Psychiatric Risk Assessment in Family and Child Law” (2008) 38 Family Law 569 |
| APPLICANT: | Mr Richards |
| RESPONDENT: | Ms Morris |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Meehan |
| FILE NUMBER: | TVC | 829 | of | 2013 |
| DATE DELIVERED: | 21 October 2015 |
| PLACE DELIVERED: | Townsville |
| PLACE HEARD: | Townsville |
| JUDGMENT OF: | Tree J |
| HEARING DATE: | 4, 5, 6 and 7 November 2014; 2 and 3 March 2015; 1, 2, 3 and 4 June 2015 |
REPRESENTATION
| THE APPLICANT: | In person |
| COUNSEL FOR THE RESPONDENT: THE RESPONDENT: | Mr Byrne (direct brief) 4, 5, 6 and 7 November 2014. |
| COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER : | Mr Victoire |
| SOLICITORS FOR THE INDEPENDENT CHILDREN'S LAWYER | M M Meehan |
Orders
All previous parenting orders be discharged.
The children G and S born on … 2012 (“the children”) live with Mr Richards (“the father”).
The father have sole parental responsibility for the children and in exercising it, is not required to consult Ms Morris (“the mother”).
Save as provided in order 5, the mother is not to have any direct or indirect contact with the children or the father by…
Keep reading for free
Create a free CaseChat account to read Richards and Morris (No 3) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] FamCA 901
- Decision Date
CaseChat Overview and Summary
The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of where the children should live, who should hold parental responsibility, and the extent of direct and indirect contact the mother should have with the children and the father. The court also considered the role of the Independent Children's Lawyer and the disposition of outstanding applications.
Tree J ordered that all previous parenting orders be discharged. The children were to live with the father, who was granted sole parental responsibility, with no requirement to consult the mother. The mother was largely prohibited from having any direct or indirect contact with the children or the father, with limited exceptions for sending gifts, photos, and cards on specific occasions, subject to the father's discretion regarding their appropriateness. The father was ordered to provide the mother with a bi-annual report on the children's health, wellbeing, and progress, including photographs. The Independent Children's Lawyer was discharged, and all extant applications, save for undetermined contravention applications, were dismissed.
Orders
Orders of the court
1.
All previous parenting orders be discharged.
2.
The children G and S born on … 2012 (“the children”) live with Mr Richards (“the father”).
3.
The father have sole parental responsibility for the children and in exercising it, is not required to consult Ms Morris (“the mother”).
4.
Save as provided in order 5, the mother is not to have any direct or indirect contact with the children or the father by any means whatsoever.
5.
On each of the children’s birthdays and at Christmas, the mother is permitted to send gifts, photos and greeting cards to the children at a postal address provided by the father, save that the father is permitted to exercise his discretion as to whether and if so when those items are passed onto the children if he is of the view that the contents are not reasonable or appropriate.
6.
The father is to email a report to the mother once every six (6) months, advising in relation to the health, wellbeing and progress of each of the children, which report is to contain at least one photograph of each child.
7.
The Independent Children's Lawyer is forthwith discharged with the thanks of the court upon the later of the expiration of the appeal period in respect of these orders, or the determination of any appeal.
8.
Other than any undetermined Contravention Applications, all extant applications are dismissed and the matter is removed from the list of active pending cases.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.