SHANKS & VALCOURT

[2020] FCCA 3468

FEDERAL CIRCUIT COURT OF AUSTRALIA

SHANKS & VALCOURT [2020] FCCA 3468

Catchwords:
FAMILY LAW – Parenting – concerning a child who is three years old – where the child lives with the mother – where the mother alleges the father is using methamphetamine – where further information required.

Legislation:

Family Law Act 1975 (Cth)

Applicant: MR SHANKS

Respondent: MS VALCOURT

File Number: ADC 4665 of 2020

Judgment of: Judge Young

Hearing date: 30 November 2020

Date of Last Submission: 30 November 2020

Delivered at: Darwin

Delivered on: 30 November 2020

REPRESENTATION

Counsel for the Applicant: Ms Fuda

Solicitors for the Applicant: The Family Law Project

Counsel for the Respondent: Mr Jenkin

Solicitors for the Respondent: Howe Jenkin Family Lawyers & Mediators

ORDERS

THE COURT ORDERS UNTIL FURTHER ORDER:

1. That the respondent file and serve a Response, affidavit in support and notice of risk within 28 days.

2. That during the period of the adjournment the father do undergo one supervised random urine analysis drug testing forthwith upon the request of the solicitor for the mother and do provide the results of same as soon as they become available and that such testing be collected in accordance with the chain of custody protocol specified in AS/NZ 4308:2008.

3. That the parties do all acts and things to enrol at the Suburb B Children’s Contact Centre immediately unless they have already done so

4. That the father spend time with the child X born in 2017 at the Suburb B Children’s Contact Centre at dates and times that the Centre may accommodate.

5. That pursuant to s.11F of the Family Law Act 1975 the parties attend reportable child dispute conference at the Federal Circuit Court of Australia, Adelaide on 29 March 2021 at 2.00pm with a family consultant, to discuss the care, welfare and development of the child X born in 2017 in an endeavor to resolve any differences between the parties in relation thereto with the parties to telephone the Case Co-ordinator Child Dispute Services on 1300 352 000 to confirm their attendance NOTING that the family consultant is to have discretion as to how the parties attend.

6. That following thereof the Family Consultant provide a brief advice to the Court as to issues on which the parties agree, issues that remain in dispute and any recommendations as to interim or procedural orders.

7. That the matter be adjourned to 4 May 2021 at 11.30am for interim hearing in relation to the child’s time with the father.

IT IS NOTED that publication of this judgment under the pseudonym Shanks & Valcourt is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DARWIN

ADC 4665 of 2020

MR SHANKS

Applicant

And

MS VALCOURT

Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. This is a matter that has come on urgently today.  It appears the parties have no capacity to negotiate.  The mother, who has not filed material, has alleged through her counsel that she believes the father is continuing to use methamphetamine.  He denies that but there is no drug test, there is no hair follicle test and there is no history of urine testing on which I can form any view.  The father admits that historically, at least, he used methamphetamine.  If I recall the evidence correctly, he said that he used methamphetamine before 2016 but stopped then.

3. The mother asserts that he was using methamphetamine more recently, at the time of their separation about two years ago, though her evidence is notable by its vagueness.  She said that she had seen the father after he had used methamphetamine about two years ago and it affected his behaviour and she described characteristics which she believed were indicative of methamphetamine use.

4. She said that, in recent times, that is, this year and she talked about June/July, the father at changeover, as I understand it, wore many clothes and a hoodie.  The father had his hoodie and was wearing sunglasses which, she says, indicates to her that the father is using methamphetamine because he dressed in such a way when he wished not to be seen or, at least, he imagined people were looking at him.  I might say that wearing heavy clothes, though not sunglasses, would also be consistent with winter weather in July or June in South Australia.

5. I am not persuaded by the mother’s evidence about the father’s methamphetamine use but I accept that she has a genuine suspicion.  She opposes the paternal grandmother being a supervisor of time of this child, who is only three after all, with the father on the basis that the paternal grandmother or the paternal family would not be protective.  In other words, they would not inform the mother if the father was using methamphetamine.  As I have no affidavit from the paternal grandmother it is not something that I believe I can form a view about.

6. I propose to make an order that the parties are to enrol immediately in a children’s contact centre and that the child spend time with the father at the times the contact centre may be able to accommodate.  I have already made the orders for the mother to file her material within 28 days and there is to be a child dispute conference on 29 March 2021 and an interim hearing on 4 May at 11:30am.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Young

Associate: 

Date: 21 December 2020