SCVG v KLD

[2014] HCASL 168

SCVG

v

KLD & ANOR

[2014] HCASL 168
S88/2014

1. The applicant and first respondent are the parents of two children.  Since their separation in January 2005, their children have lived with the first respondent and regularly spent time with the applicant pursuant to parenting orders made under the Family Law Act 1975 (Cth). On 15 February 2013, the first respondent sought interim orders suspending those parenting orders on the basis of the applicant's recent arrest for certain offences.

2. On 4 July 2013, the Family Court of Australia (Faulks Deputy CJ) made the interim orders sought by the first respondent by reference to the best interests of the children under s 60CC of the Act.  His Honour considered that the possible benefit to the children in spending time with the applicant did not outweigh the importance of other factors, including that the children might suffer psychological harm.  His Honour also doubted the applicant's capacity to control his behaviour when the children were with him.

3. On 24 March 2014, the Full Court of the Family Court of Australia (Ainslie‑Wallace, Ryan and Stevenson JJ) dismissed the applicant's appeal.  The applicant's principal complaint was that Faulks Deputy CJ had erred in failing to give proper weight to the presumption of equal shared parental responsibility under s 61DA of the Act, and equal shared time under s 65DAA.  The Full Court held that, although Faulks Deputy CJ did not expressly mention ss 61DA or 65DAA of the Act in his Honour's ex tempore reasons for judgment, it was tolerably clear that his Honour considered those sections in the context of considering the best interests of the children under s 60CC of the Act.

4. The applicant seeks special leave to appeal to this Court.  No question of principle falls for determination in this application which involves interim orders made pending final hearing.  The interests of justice do not require the grant of special leave.  Special leave should be refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 September 2014 P.A. Keane