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Runcorne & Raine

Runcorne & Raine

Case [2008] FamCA 837 16 October 2008

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FAMILY COURT OF AUSTRALIA

RUNCORN & RAINE

[2008] FamCA 837

FAMILY LAW – CHILDREN – With whom children live – Discussion of the practical application of s 60CC objects and principles - where the mother makes allegations of risk of physical harm from father and father makes allegations of risk of psychological harm from mother – where the parties have no ability to communicate or co-operate – where concerns exist as to the mental health of the mother – where the children need stability and consistency in parenting – where the mother failed to volunteer information of her pregnancy at trial and failed to consider the impact of household composition for the children –where the mother is dismissive of the father’s role in the children’s life – where the father doesn’t appear on the birth certificate and the mother does not call the children by the father’s name - Finding that a significant relationship between mother and children will cause psychological harm for the children - order the children live with the father – order the formal registration of the father on birth certificate – parties to make submissions as to what orders should be made for time spent between mother and children

FAMILY LAW – CHILDREN – Parental responsibility – meaning and definition of parental responsibility – where the presumption of equal shared parental responsibility is not in the children’s best interests – discussion of the significance of making an order for sole parental responsibility – order the father have sole parental responsibility – order the father notify the mother of decisions relating to long term issues

FAMILY LAW – CHILDREN – Allegations of bias and bribery made against report writers – there being no substance to any of the allegations – evidence of the report writers remains untainted by the allegations

Family Law Act 1975 (Cth) s 60B, 60CA, 60CC, 61DA, 65AA, 65DAA, 65DAC, 65DAE, 68F and 69ZR

AIF v AMS (1999) 199 CLR 160
Mazorski v Albright (2007) 37 Fam LR 518
Neil v Nott (1994) 68 ALJR 509
Secretary, Department of Health and Community Services v. JWB & SMB (1992) 175 CLR 218
U v U (2002) 211 CLR 238

APPLICANT:

Mr Runcorn

RESPONDENT:

Ms Raine

FILE NUMBER:

BRF

2512

2006

DATE DELIVERED:

16 October 2008

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Brisbane

JUDGMENT OF:

Murphy J

HEARING DATE:

10 – 14 March 2008

REPRESENTATION

APPLICANT FATHER:

In person

RESPONDENT MOTHER:

In person

COUNSEL FOR INDEPENDENT CHILDREN’S LAWYER:

Mr Linklater-Steele

INDEPENDENT CHILDREN’S LAWYER:

Carter Naughton Rice

Orders

IT IS NOTED THAT the presumption of equal shared responsibility is, in the circumstances of this case, rebutted by reason of the best interests of the children N and J each born … May 2000.

IT IS ORDERED THAT

Parental Responsibility

The parties shall each have responsibility for making day to day decisions in respect of the care, welfare and development of the children during the time that the children spend with each of them in accordance with…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Runcorne & Raine [2008] FamCA 837
Case: [2008] FamCA 837
Decision Date: 16 October 2008

CaseChat Overview and Summary

In the matter of *Runcorne & Raine*, heard before Murphy J, the dispute concerned the living arrangements and parental responsibility for the parties' children. The mother alleged a risk of physical harm from the father, while the father alleged a risk of psychological harm from the mother. The parties demonstrated an inability to communicate or co-operate, and concerns were raised regarding the mother's mental health. The court was required to determine with whom the children should live, the nature of parental responsibility, and the impact of the parties' allegations against report writers.

Murphy J considered the practical application of the objects and principles of section 60CC of the *Family Law Act 1975* (Cth), focusing on the children's need for stability and consistency. The court found that the mother's failure to disclose her pregnancy at trial and her lack of consideration for the impact of household composition on the children, coupled with her dismissiveness of the father's role, were significant factors. Furthermore, the mother's actions, such as not naming the children by the father's surname and the father not appearing on the birth certificate, were noted. The court also addressed allegations of bias and bribery against report writers, finding them to be unsubstantiated and their evidence untainted.

The court determined that a significant relationship with the mother would cause psychological harm to the children. Consequently, an order was made for the children to live with the father and for the formal registration of the father on the children's birth certificates. The presumption of equal shared parental responsibility was deemed not to be in the children's best interests, and an order for sole parental responsibility was made in favour of the father, with the requirement that he notify the mother of decisions concerning long-term issues. The parties were directed to make submissions regarding orders for the time the mother would spend with the children.

Orders