Ricketts and Crowe (No.2)

[2018] FCCA 1691

FEDERAL CIRCUIT COURT OF AUSTRALIA

RICKETTS & CROWE (No.2) [2018] FCCA 1691

Catchwords:
FAMILY LAW – Child aged six years – child has Aboriginal background – child placed by mother with non-biologically related carer when an infant –final hearing court placed child in care of maternal grandmother – final order significantly influenced by child’s Aboriginality and desirability of child growing up within family of biological origin notwithstanding difficulty of removing child from longstanding carer – child now in the care of Indigenous Kin - former carer seeks further orders on basis of serious parental misconduct by the maternal grandmother subjecting him to abuse – proceedings involved further family report and the reappointment of independent representation of child – time spending arrangements completely broken down – grandmother seeks dismissal of former carer’s application on the basis of rule in Rice & Asplund – change of circumstances – prolonged unnecessary litigation has the potential to represent systems abuse of child – risk of emotional manipulation of the child – view that to allow proceedings to proceed to another final hearing would constitute grave risk to child’s emotional equilibrium – court is required to take all allegations of child abuse seriously – child welfare jurisdiction resides with state authorities – court has fundamental statutory obligation to examine issues of risk surrounding a child concerned in proceedings – matters to be considered – best interests.

Legislation:

Family Law Act 1975, ss. 60B3, 60CC(3)(h), 62G, 69ZW, 91B

Cases cited:

Rice & Asplund (1979) FLC 90-725

Ricketts & Crowe [2017] FCCA 718

Applicant: MS RICKETTS

Respondent: MS CROWE

File Number: ADC 3042 of 2013

Judgment of: Judge Brown

Hearing date: 7 June 2018

Date of Last Submission: 7 June 2018

Delivered at: Adelaide

Delivered on: 4 July 2018

REPRESENTATION

Counsel for the Applicant: Ms Heeley

Solicitors for the Applicant: Far West Community Legal Centre

Counsel for the Respondent: Ms Storey

Solicitors for the Respondent: Rachel Storey & Associates Lawyers

Counsel for the Independent Children's Lawyer: Ms Hayward

Solicitors for the Independent Children's Lawyer: Legal Aid NSW Parramatta Family Law

ORDERS

1. All previous orders in respect of the applicant MS RICKETTS spending time and communicating with the child [X] born 2012 are dismissed.

2. The appointment of the independent children’s lawyer is discharged.

3. All extant applications are dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Ricketts & Crowe (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 3042 of 2013

MS RICKETTS

Applicant

And

MS CROWE

Respondent

REASONS FOR JUDGMENT

Introduction

1. These reasons for judgment need to be read in conjunction with earlier reasons delivered, in the case by me, on 13 April 2017.[1]  Those reasons dealt with the application of a so-called rule in Rice & Asplund to the circumstances of the child, who is the subject of the proceedings, [X] born 2012. 

   [1]  See Ricketts  & Crowe [2017] FCCA 718

2. These more recent reasons deal with an application to…