FEDERAL CIRCUIT COURT OF AUSTRALIA
| SIDDELL & SIDDELL | [2020] FCCA 3350 |
| Catchwords: FAMILY LAW – Interim parenting arrangements for four children aged 14 to 9 – mother has made allegations of being the victim of serious family violence over many years during the parties’ relationship – father denies allegations – father has spent time with children at CCC and pursuant to the supervision of lay-persons – father seeks relaxation of supervision – mother seeks continuation of supervision – father contesting family violence order – father not subject, as yet, to police charges – nature of interim hearing – section 60CC factors – best interests. |
| Legislation: Family Law Act 1975 (Cth), ss.4, 4AB, 60B, 60CA, 60CC, 61DA, 65DAA, 68LA |
| Cases cited: B & B (1993) FLC 92-357 |
| Applicant: | MR SIDDELL |
| Respondent: | MS SIDDELL |
| File Number: | ADC 1336 of 2020 |
| Judgment of: | Judge Brown |
| Hearing date: | 27 November 2020 |
| Date of Last Submission: | 27 November 2020 |
| Delivered at: | Adelaide |
| Delivered on: | 9 December 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Schroeder |
| Solicitors for the Applicant: | O'Keefe Schroeder |
| Counsel for the Respondent: | Ms Partridge |
| Solicitors for the Respondent: | Hume Taylor & Co |
| Counsel for the Independent Children's Lawyer: | Ms Atchison |
| The Independent Children's Lawyer: | Nicola Atchison |
ORDERS
UNTIL FURTHER OR OTHER ORDER:
That all previous parenting orders be discharged.
That the parents do have equal shared parental responsibility for X born in 2006, Y born in 2008, Z born in 2010 and W born in 2011 (“the children”).
That the children live with the mother.
That pursuant to s.62G(2) the father, mother and the children attend upon a family consultant nominated by the Coordinator, Child Dispute Services, at Adelaide for the purposes of the preparation of a Family Assessment Report in this matter and that such report be made available to the Court 14 days before the next listing of the matter in February 2021.
That the father do spend time with the children as follows:-
(a)Each alternate weekend from 10.00 am until 5.00 pm on both Saturday and Sunday commencing 12 December 2020;
(b)From 3.00 pm until 8.00 pm on Christmas Day 2020;
(c)At such other times as may be agreed in writing between the parents.
That any handovers for time spending shall be as agreed in writing between the parents and failing agreement on the footpath outside of the Town B PROVIDED HOWEVER that the mother may have a support person present for or to conduct handovers.
That the father be at liberty to communicate with the children via phone or other electronic media (including video calls) each Tuesday and Thursday (or such other days as may…
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- AGLC
- SIDDELL & SIDDELL [2020] FCCA 3350
- Case
- [2020] FCCA 3360
- Decision Date
CaseChat Overview and Summary
The court was required to determine the best interests of the children in the context of interim parenting orders, considering the allegations of family violence, the father's desire to increase unsupervised time, and the mother's concerns for the children's safety. The court also had to assess the relevant factors under section 60CC of the *Family Law Act 1975* (Cth) in making its interim decision.
Judge Brown reasoned that, given the serious allegations of family violence and the need for further assessment, it was in the children's best interests to discharge previous orders and establish new interim arrangements. The court ordered equal shared parental responsibility, with the children to live with the mother. The father was granted specific, supervised or facilitated time with the children, including alternate weekends and limited communication. Crucially, the court mandated attendance at a family consultant assessment and ordered both parents to undertake parenting programs, including the Circle of Security program. The parents were also restrained from denigrating each other in the children's presence or discussing the proceedings with them, and communication was to be managed through a designated app.
The court adjourned further consideration of the matter for directions in February 2021.
Orders
Orders of the court
UNTIL FURTHER OR OTHER ORDER:
1.
That all previous parenting orders be discharged.
2.
That the parents do have equal shared parental responsibility for X born in 2006, Y born in 2008, Z born in 2010 and W born in 2011 (“the children”).
3.
That the children live with the mother.
4.
That pursuant to s.62G(2) the father, mother and the children attend upon a family consultant nominated by the Coordinator, Child Dispute Services, at Adelaide for the purposes of the preparation of a Family Assessment Report in this matter and that such report be made available to the Court 14 days before the next listing of the matter in February 2021.
5.
That the father do spend time with the children as follows:-
(a) Each alternate weekend from 10.00 am until 5.00 pm on both Saturday and Sunday commencing 12 December 2020;
(b) From 3.00 pm until 8.00 pm on Christmas Day 2020;
(c) At such other times as may be agreed in writing between the parents.
6.
That any handovers for time spending shall be as agreed in writing between the parents and failing agreement on the footpath outside of the Town B PROVIDED HOWEVER that the mother may have a support person present for or to conduct handovers.
7.
That the father be at liberty to communicate with the children via phone or other electronic media (including video calls) each Tuesday and Thursday (or such other days as may be agreed in writing between the parents) between 5.00 pm and 7.00 pm (or such other times as may be agreed in writing between the parents) for no longer than 30 minutes.
8.
That both parents shall facilitate any or all of the children telephoning the other parent whilst they are in his or her care at the request of any or all of them PROVIDED HOWEVER that such request is made no later than 8.00 pm.
9.
That the mother shall ensure that Y attends all scheduled appointments with Dr C (or such other counsellor as may be agreed in writing between the parents if Dr C is not available) for as long as recommended by Dr C and the father pay any gap arising between the medicare funding and the fee charged.
10.
That the mother shall maintain her involvement with and counselling (if applicable) with D Domestic Violence Service, SAFV and Dr E.
11.
That both parents do undertake the Circle of Security parenting program as soon as possible and provide proof of completion of the same to the Independent Children’s Lawyer and the other parent’s lawyer within 48 hours of receipt of the same.
12.
That both parents do undertake such parenting programs as may be recommended by the Independent Children’s Lawyer taking into account work and other commitments.
13.
That both parents do keep each other informed of their current mobile phone number and advise any changes to the same in writing within 24 hours.
14.
That the parents shall communicate on all issues regarding the care, welfare, development, health, education and time spending arrangements for the children only via the Devito parenting App (or such other App as may be agreed in writing between the parents).
15.
That both parents shall use only respectful and polite language in all communications in accordance with paragraph 14 hereof.
16.
That the parents shall inform the other as soon as is reasonably practicable of any serious childhood illness or medical emergency affecting any of the children whilst in his or her care.
17.
That both parents are hereby authorised to obtain such information from any school attended by the children as is usually provided to caregivers including but not limited to school newsletters, school reports and school photographs and to attend such events/functions to which caregivers are normally invited to attend including but not limited to school assemblies, school concerts, Sports Days and Parent/Teacher interviews PROVIDED HOWEVER that the father shall give the mother at least 48 hours’ notice in writing of his intention to attend any event/function in accordance with the provisions of paragraph 14 hereof.
18.
That both parents are hereby authorised to liaise with, obtain information from, provide information to and attend appointments with any medical specialist, GP, dental practitioner, allied health professional, psychologist, counsellor and/or therapist that X, Y, Z and/or W may consult with from time to time.
19.
That in respect of paragraph 18 hereof, neither parent shall participate in any appointment that the children with any psychologist, counsellor or therapist unless at the specific request of such psychologist, counsellor and/or therapist.
20.
That in respect of paragraph 18 hereof, the father shall not attend any such appointment when the mother is also present without the prior written consent of the mother.
21.
That the parents be restrained and injunctions are hereby granted restraining each of them from:-
(a) Insulting, abusing, rebuking or denigrating the other in the presence of or within the hearing of the children or allowing any other person to do so;
(b) Discussing these proceedings or any allegations made in these proceedings in the presence of or within the hearing of the children or allowing any other person to do so;
(c) Permitting the children to read any document filed in or produced for use in these proceedings or allowing any other person to do so;
(d) Posting any information on any social media platform regarding these proceedings, any allegations made in these proceedings, the other parent, the other parent’s family or allowing any other person to do so.
22.
That further consideration of the matter be adjourned to 17 February 2021 at 9.30am for directions in Mount Gambier.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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