Robustelli & Dustin (No 2)
[2025] FedCFamC1F 20
•21 January 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Robustelli & Dustin (No 2) [2025] FedCFamC1F 20
File number(s): CAC 67 of 2023 Judgment of: GILL J Date of judgment: 21 January 2025 Catchwords: FAMILY LAW – PARENTING – Where part-way through final hearing the parties agreed that the trial should be adjourned to a later date – Although the evidence has not been tested, it suggests such a risk that in the interim there should be injunctions preventing the father from approaching or contacting the children and the mother – Where parental responsibility in relation to education will be held jointly with the intervenor Department – Where otherwise the paternal grandmother will hold sole parental responsibility and have full custody of the eldest child and the mother will hold sole parental responsibility and have full custody of the two younger children Division: Division 1 First Instance Number of paragraphs: 3 Date of hearing: 20-21 January 2025 Place: Canberra Counsel for the Applicant: Ms Jardine Solicitor for the Applicant: Gilbert & Partners Solicitor for the First Respondent: Litigant in Person - did not participate Counsel for the Second Respondent: Mr Masters Solicitor for the Second Respondent: KPW Lawyers Counsel for the Intervener: Mr Havenstein Solicitor for the Intervener: Crown Solicitors Office Counsel for the Independent Children's Lawyer: Ms Blake (appeared on 21 January 2025) Solicitor for the Independent Children's Lawyer: Wagga Family Lawyers ORDERS
CAC 67 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ROBUSTELLI
Applicant
AND: MR DUSTIN
First Respondent
MS COUTURE
Second Respondent
DEPARTMENT OF COMMUNITIES AND JUSTICE
Intervener
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
GILL J
DATE OF ORDER:
21 JANUARY 2025
THE COURT ORDERS, UNTIL FURTHER ORDER, THAT:
1.All previous parenting orders are discharged.
2.X shall live with the paternal grandmother, Ms Couture.
3.Y and Z shall live with the mother, Ms Robustelli.
4.Pursuant to s 68B of the Family Law Act the father, Mr Dustin, is prohibited from approaching within 100 metres, or contacting, or attending at the schools or homes of X, Y, Z or the mother.
5.Pursuant to s 68B of the Family Law Act the paternal grandmother is prohibited from permitting X to be in the company of or contacting the father.
6.Orders 4 and 5 are, pursuant to s 68C of the Family Law Act, injunctions for the personal protection of X, Y, Z and the mother.
7.The paternal grandmother and secretary of the Department of Communities and Justice shall hold joint parental responsibility for educational matters for X.
8.The paternal grandmother shall hold otherwise sole parental responsibility.
9.The mother and the secretary shall hold joint parental responsibility for Y and Z for educational matters.
10.The mother shall otherwise hold sole point responsibility for Y and Z.
11.Leave is granted for the report of Ms C dated 20 November 2024 to be provided to
(a)Each of the children’s schools;
(b)All medical, mental health and counselling services with whom the children and the mother engage;
(c)D Family Services and / or any other similar organisation providing services to the mother and children.
12.The mother shall ensure that the children Z and Y are enrolled at and attend E School commencing term one 2025 and that the mother do all things within her power to ensure reasonable attendance at school.
IT IS NOTED THAT
A.The mother has an appointment with D Family Services on 10 February 2025 with the intention of obtaining support for herself and the children.
IT IS FURTHER ORDERED THAT
13.On the funding of, and on a written request being made by the secretary, the father shall forthwith submit hair follicles for testing for consumption for both illicit and prescription medications.
IT IS NOTED THAT
B.By application of s 102NA of the Family Law Act the father is prohibited from personally cross-examining the mother.
IT IS FURTHER ORDERED THAT
14.Each party is at liberty to issue such subpoenas as are necessary for the preparation of the case provided none is made returnable later than 14 days prior to 29 April 2025.
15.The proceedings are adjourned for further hearing and / or directions to 10 am on 29 April 2025 with such being an in-person appearance.
16.The parties are otherwise at liberty to apply for further orders pending that appearance.
17.I direct that a registrar of the court make enquiries as to the availability of a courthouse for the hearing of this final matter proximate to Town F or Town B in New South Wales.
18.I direct that on production of these orders the Independent Children’s Lawyer forward such to the email address for the father.
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
GILL J:
In this case significant issues of neglect and risk of harm to the children have arisen. Principal among the risks that have been identified at this stage is a risk flowing from the father who suffers from mental health conditions. The material indicates that the father has made comments indicating a potential intention to take his own life and that of his son, X. Although this evidence is yet to be tested or fully put before the Court it is of such significance as it warrants that the father spend no time, until further order, with X, and that protections are put in place by means of injunction to ensure that this does not occur. Those injunctions are expressed to be for the personal protection of X, Y, Z and the mother and the implications of them being so means that they can be used as the basis for the arrest of the father should he not comply with the injunction.
Orders are also made for the sharing of parental responsibility in relation to educational matters noting that the evidence indicates that each of the children has suffered to some extent in respect of schooling, Z having been absent from school for a period while there were attempts for him to be schooled remotely and X facing a significant change in school. Those changes warrant the sharing of parental responsibility on the temporary basis between the secretary and the paternal grandmother and the mother for the relevant children in order to ensure that the children’s educational arrangements are sufficient. Otherwise, it is appropriate that the paternal grandmother hold sole parental responsibility for X, as she has been exercising in recent times, and that the mother hold sole parental responsibility for Y and Z as she has been exercising recently.
Orders further provide for the schooling arrangements for Y and Z to secure again their educational needs. These orders are put in place for the temporary protection and support of the children. They are matters that will need to be revisited on the final hearing for the matter.
I certify that the preceding three (3) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Gill. Associate:
Dated: 24 January 2025
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