FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Ridge & Hurley [2024] FedCFamC2F 1174
File number: ADC 2379 of 2023 Judgment of: JUDGE BROWN Date of judgment: 30 August 2024 Catchwords: FAMILY LAW – Parenting – Child aged 9 – Where the child has not interacted with the father for four years – Where the father seeks parenting orders to resume a relationship with the child – Where the relationship was severed as he was sentenced to a term of imprisonment – Where the mother seeks a decree pursuant to s 102QAB of the Family Law Act 1975 (Cth) – Consideration of the welfare of the child’s primary carer – Whether the continued proceedings amount to harm – Family violence – Assessment of harm – Harmful proceedings order made – Application dismissed Legislation: Family Law Act 1975 (Cth) Pts VII, XI, XIB, Div 3, 12A, ss 4AB, 60CA, 60CC, 60CD, 65AA, 69ZN, 69ZQ, 102NA, 102QAB, 102QAC, 102QAE
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 190
Federal Court Act 1976 (Cth) s 31A
Cases cited: Australian Securities and Investment Commission v Cassimatis (2013) 220 FCR 256
Dey v Victorian Railway Commissioners (1949) 78 CLR 62
Lindon v Commonwealth of Australia (No 2) (1996) 136 ALR 251
McKellar v Container Terminal Manager Services Limited (1999) 165 ALR 409
Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473
Riva NSW Ltd v Official Trustee in Bankruptcy [2017] FCA 188
Ridge & Hurley [2020] FCCA 1097
Spencer v Commonwealth of Australia (2010) 241 CLR 118
Stativa & Stativa [2015] FamCAFC 170
Division: Division 2 Family Law Number of paragraphs: 188 Date of hearing: 13 June 2024 Place: Adelaide The Applicant: Appeared in person Counsel for the Respondent: Ms Harris Solicitor for the Respondent: CG Family Law ORDERS
ADC 2379 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR RIDGE
Applicant
AND: MS HURLEY
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
30 AUGUST 2024
THE COURT ORDERS THAT:
1.Pursuant to section 102QAB of the Family Law Act 1975 (Cth) (hereinafter referred to as “the Act”) and rule 10.09 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the application filed 19 May 2023 is dismissed.
2.Pursuant to section 102QAC(1) of the Act, the father, is prohibited without leave from the Court, from instituting proceedings under the Act in a court having jurisdiction under the Act, against or in relation to the mother.
3.The final orders made on 7 May 2020 are hereby discharged.
THE COURT FURTHER ORDERS ON A FINAL BASIS THAT:
4.The mother have sole decision making in relation to all major long term decisions in relation to the child X born in 2015 (hereinafter referred to as “the child”).
5.The child live with the mother.
6.The child spend no time with the father NOTING THAT upon the child attaining 14 years of age the child spend time with and communicate with the father pursuant to the…
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CaseChat Overview and Summary
The court dismissed the father's application, noting that the child had not interacted with him for four years, and the proceedings had caused significant distress to the mother and the child. The court found that the continued proceedings amounted to harm under section 102QAB of the Act. The court considered the welfare of the child’s primary carer and the need to protect the child from potential family violence. It concluded that the father's application should be dismissed and that a harmful proceedings order should be made to prevent further proceedings without leave of the court. The court also found that the father had engaged in behaviour that was harassing, intimidating, threatening or abusive towards the mother and her family.
The final orders of the court granted sole decision-making authority to the mother regarding all major long-term decisions for the child, and the child was to live with the mother. The father was prohibited from spending time with the child, except when the child attained 14 years of age and expressed a wish to do so. The father was restrained from contacting the mother, the child, or the maternal grandparents, and from attending the child's school or extracurricular activities without the mother's consent. Both parties were restrained from denigrating or abusing the other parent in the presence of the child and from discussing the proceedings with the child. The court discharged the final orders made on 7 May 2020 and dismissed all extant applications as finalised.
Orders
Orders of the court
ADC 2379 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR RIDGE
Applicant
AND:
MS HURLEY
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
30 AUGUST 2024
THE COURT ORDERS THAT:
1. Pursuant to section 102QAB of the Family Law Act 1975 (Cth) (hereinafter referred to as “the Act”) and rule 10.09 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 the application filed 19 May 2023 is dismissed.
2. Pursuant to section 102QAC(1) of the Act, the father, is prohibited without leave from the Court, from instituting proceedings under the Act in a court having jurisdiction under the Act, against or in relation to the mother.
3. The final orders made on 7 May 2020 are hereby discharged.
THE COURT FURTHER ORDERS ON A FINAL BASIS THAT:
4. The mother have sole decision making in relation to all major long term decisions in relation to the child X born in 2015 (hereinafter referred to as “the child”).
5. The child live with the mother.
6. The child spend no time with the father NOTING THAT upon the child attaining 14 years of age the child spend time with and communicate with the father pursuant to the child’s express wishes.
7. The parties forthwith download and communicate through the AppClose Parenting Application with such communication to be limited to occur once per fortnight.
8. The father be at liberty to obtain a copy of the child’s school reports and school photographs from the child’s school at his own expense.
9. Without admission of the need for same, the father be restrained and an injunction be granted restraining him from:
(a) Communicating with the maternal grandparents either by way of text message or email communication;
(b) Sending any communications that are harassing, intimidating, threatening or abusive in nature to the mother and/or any of her family members or partners;
(c) From contacting the child’s school (save with respect to order 8 herein) or any extracurricular activities or the like that the child participates in without the express written consent of the mother;
(d) Attending at the child’s school or any extracurricular activities or the like that the child participates in without the express written consent of the mother NOTING THAT same can occur pursuant to the child’s express wishes in accordance with order 6 herein SUBJECT TO the father not approaching within 10 meters of the mother unless expressly initiated by the mother and not approaching within 10 meters of the child unless expressly initiated by the child; and
(e) From contacting, communicating, or approaching the mother or the child unless as prescribed by these Orders.
10. The parties be restrained and an injunction be granted restraining each of them from:
(a) Denigrating, abusing or criticising the other parent or members of the other parent’s extended family to or in the presence or hearing of the child and/or allowing, permitting or encouraging any other person to do so; and
(b) Discussing these proceedings or any of the issues arising out of these proceedings with or in the presence or hearing of the child or showing the child any documents filed with or produced for the purpose of these proceedings or allowing, permitting or encouraging any other person to do so.
11. All extant applications be dismissed as finalised.
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.
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Background to the litigation
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Evidence Before The Court
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Reasons for decision
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