Rittman and Rittman (No 2)

FAMILY COURT OF AUSTRALIA

RITTMAN & RITTMAN (NO 2) [2011] FamCA 187

FAMILY LAW – CHILDREN – Notification of child abuse – Disclosure of notifier identity – Where credibility of parties is at issue – Where allegations of notifications have been found by the Department to be unsubstantiated – Disclosure considered by section 186 of the Child Protection Act 1999 (Qld) and section 69ZW of the Family Law Act 1975 (Cth) – Appropriate to order the disclosure of notifiers’ identity under a consideration of either section.

REASONS FOR JUDGMENT – DISCLOSURE OF IDENTITY OF NOTIFIERS PURSUANT TO S 69ZW(3)
OF THE FAMILY LAW ACT 1975 (Cth)

APPLICANT: Mr Rittman

RESPONDENT: Ms Rittman

INDEPENDENT CHILDREN’S LAWYER: Mr Damian Carter, Solicitor

FILE NUMBER: BRC 2571 of 2009

DATE DELIVERED: 18 January 2011 (orally)
23 February 2011 (written) from Chambers

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 18 January 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Waterman of Counsel appearing for the Applicant Father

SOLICITOR FOR THE APPLICANT: Harrington Family Lawyers

COUNSEL FOR THE RESPONDENT: Mr Galloway of Counsel appearing for the Respondent Mother

SOLICITOR FOR THE RESPONDENT: Pippa Colman & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr McGregor of Counsel appearing for the Independent Children's Lawyer

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Damian Carter, Solicitor of Carter Farquar Lawyers

COUNSEL FOR DEPARTMENT OF COMMUNITIES (CHILD SAFETY SERVICES) Mr Jarro of Counsel appearing for the Department of Communities (Child Safety Services)

Orders

IT IS ORDERED THAT:

1. Pursuant to s 69ZW(6) of the Family Law Act 1975 (Cth) the identities of the notifiers contained in the Department of Communities (Child Safety Services) (Town G) notification documentation of 8 July 2009 and 23 July 2009 be disclosed.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC2571/2009

Mr Rittman

Applicant

And

Ms Rittman

Respondent

REASONS FOR JUDGMENT

1. The parties to this litigation are in dispute as to the arrangements that should be put in place in relation to their eleven year old daughter, O.  O has been diagnosed with tuberous sclerosis which affects her both physically and mentally.

2. The litigation proceeded before me over nine trial days.  There were a total of 35 witnesses and 44 exhibits.

3. The allegations made by the respective parties left no room for compromise.  In many instances it was a case of one party or the other being deliberately misleading.

4. As part of the evidence in the case the file of the Department of Communities (Child Safety Services) had been subpoenaed and tendered into evidence.

Brief Chronology

1. The parties married in 1994 and separated on 1 January 2009.  The father instituted proceedings in April 2009 seeking orders that O live with him. 

2. Orders were made on 12 June 2009 granting the father time with his daughter each Saturday and Sunday on an unsupervised basis…