FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Rinakis & Rinakis (No 2) [2023] FedCFamC2F 795
File number(s): PAC 3364 of 2019 Judgment of: JUDGE NEWBRUN Date of judgment: 29 June 2023 Catchwords: FAMILY LAW – PARENTING – Best interests of children – Orders made. Legislation: Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65D, 65DAA, 68B, 68C
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 7.06, 7.09, 12.31
Cases cited: Saif & Saif [2020] FamCA 119 Division: Division 2 Family Law Number of paragraphs: 207 Date of hearing: 27–30 March 2023 Place: Parramatta Counsel for the Applicant: Mr Anthill Solicitor for the Applicant: Ark Law Lawyers Counsel for the Respondent: Ms Mahony Solicitor for the Respondent: Matthews Folbigg Pty Ltd Counsel for the Independent Children's Lawyer: Mr Kalimnios Solicitor for the Independent Children's Lawyer: Shedden & Associates ORDERS
PAC 3364 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR RINAKIS
Applicant
AND: MS RINAKIS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
30 JUNE 2023
THE COURT ORDERS THAT:
1.All prior parenting orders be discharged.
2.The mother have sole parental responsibility for the care, welfare, and development of X born in 2012 and Y born in 2014 (“the children”).
3.The children live with the mother.
4.The children or either of them are permitted to:
(a)Travel internationally with the mother;
(b)Have an Australian travel document issued to them, without the need for the consent of the father, pursuant to s 11(1)(b) of the Australian Passports Act 2005 (Cth).
5.The father shall be permitted to communicate with the children as follows:
(a)By letter once each month;
(b)The father shall be permitted, on no more than four occasions each year, to provide photographs and gifts to the children by mail, and within 14 days of the date of this Order the mother is to provide the father with an address to send such items;
(c)The mother shall consider the content of any correspondence, the nature of any photograph, and the appropriateness of any gift. The decision to pass these items to the children will be at the mother’s sole discretion and any item not appropriate shall be returned to the father at the father’s cost.
6.The father be restrained from attending upon:
(a)Within 200 metres of where the mother resides from time to time;
(b)The mother’s workplace.
7.The father be restrained by injunction from assaulting, molesting, harassing, threatening, stalking, intimidating, or otherwise interfering with the mother.
8.The father be restrained from approaching the mother in any public place.
9.Except as permitted elsewhere in these Orders, the father be restrained from communicating with the mother.
10.Except as permitted elsewhere in these Orders, the father be restrained from communicating with the children or either of them.
11.The father be restrained from approaching the children in any public place.
12.The father be restrained from attending:
(a)The school attended by the children or either of them;
(b)The venue of any…
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- AGLC
- Rinakis & Rinakis (No 2) [2023] FedCFamC2F 795
- Case
- [2023] FedCFamC2F 795
- Decision Date
CaseChat Overview and Summary
The court considered various factors, including the children's need for stability, safety, and emotional well-being, as well as the father's history of violent behaviour and the mother's capacity to provide a safe and nurturing environment. The court also took into account the children's wishes, as well as the recommendations of the Independent Children's Lawyer. Based on the evidence presented, the court found that it was in the best interests of the children for the mother to have sole parental responsibility and for the children to live with her. The court also made several orders to protect the mother and children from the father's behaviour, including restraining orders and limitations on the father's communication with the children.
In light of the above, the court made a number of orders, including discharging all prior parenting orders, granting sole parental responsibility to the mother, and restricting the father's contact with the children and the mother. The court also made orders to protect the mother and children from the father's behaviour, including restraining orders and limitations on the father's communication with the children. The court further ordered that the father be restrained from attending certain locations and from approaching the children in public places. Additionally, the court ordered that the father be restrained from communicating with the mother and the children, except as permitted in the orders. The court also made orders empowering a police officer to arrest the father without warrant in the event that certain conditions are met. Finally, the court ordered that the Independent Children's Lawyer and the parties file and serve written submissions on the issue of costs.
Orders
Orders of the court
PAC 3364 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR RINAKIS
Applicant
AND:
MS RINAKIS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
30 JUNE 2023
THE COURT ORDERS THAT:
1. All prior parenting orders be discharged.
2. The mother have sole parental responsibility for the care, welfare, and development of X born in 2012 and Y born in 2014 (“the children”).
3. The children live with the mother.
4. The children or either of them are permitted to:
(a) Travel internationally with the mother;
(b) Have an Australian travel document issued to them, without the need for the consent of the father, pursuant to s 11(1)(b) of the Australian Passports Act 2005 (Cth).
5. The father shall be permitted to communicate with the children as follows:
(a) By letter once each month;
(b) The father shall be permitted, on no more than four occasions each year, to provide photographs and gifts to the children by mail, and within 14 days of the date of this Order the mother is to provide the father with an address to send such items;
(c) The mother shall consider the content of any correspondence, the nature of any photograph, and the appropriateness of any gift. The decision to pass these items to the children will be at the mother’s sole discretion and any item not appropriate shall be returned to the father at the father’s cost.
6. The father be restrained from attending upon:
(a) Within 200 metres of where the mother resides from time to time;
(b) The mother’s workplace.
7. The father be restrained by injunction from assaulting, molesting, harassing, threatening, stalking, intimidating, or otherwise interfering with the mother.
8. The father be restrained from approaching the mother in any public place.
9. Except as permitted elsewhere in these Orders, the father be restrained from communicating with the mother.
10. Except as permitted elsewhere in these Orders, the father be restrained from communicating with the children or either of them.
11. The father be restrained from approaching the children in any public place.
12. The father be restrained from attending:
(a) The school attended by the children or either of them;
(b) The venue of any extra-curricular activity attended by the children or either of them.
13. Orders 6 to 9 hereof are made pursuant to s 68B of the Family Law Act 1975 (Cth) being injunctions for the protection of the mother.
14. Orders 10 to 12 hereof are made pursuant to s 68B of the Family Law Act 1975 (Cth) being injunctions for the protection of the children.
15. Pursuant to s 68C of the Family Law Act 1975 (Cth), Orders 6 to 12 hereof empower a police officer to arrest the father without warrant in the event that the police officer forms the view that s 68C(1) of the Family Law Act 1975 (Cth) is made out.
16. The Independent Children’s Lawyer is to file and serve written submissions on the issue of costs, of no more than three pages and two annexures, within seven days of the date of these Orders.
17. The Applicant and Respondent are to file and serve written submissions on the issue of costs, of no more than three pages and two annexures, within 14 days of the date of these Orders.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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