St Claire & St Clair and Ors

Case [2013] FamCA 108


FAMILY COURT OF AUSTRALIA

ST CLAIRE & ST CLAIRE AND ORS [2013] FamCA 108
FAMILY LAW – CHILDREN – introduction to father after long absence – violence and intimidatory behaviour considered – Orders for therapeutic intervention followed by contact centre supervision.
Family Law Act 1975 (Cth)
Champness & Hanson (2009) FLC 93-407
Cotton & Cotton (1983) FLC 91-330
Loddington & Derringford (No 2) [2008] FamCA 925
M & M (1988) 166 CLR 69
Pishke & Rupp; Bannon & Rupp [2010] FamCA 632
Sigley & Evor [2011] FamCAFC 22
APPLICANT: Ms St Claire
RESPONDENT: Mr St Claire
2ND RESPONDENT: E Pty Ltd
3RD RESPONDENT: Mr G
INDEPENDENT CHILDREN’S LAWYER:
FILE NUMBER: MLC 9777 of 2010
DATE DELIVERED: 27 February 2013
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Cronin J
HEARING DATE: 3, 4, 5, 6, 9, 10, 11 July 2012; 29, 30, 31 January 2013; 1, 4 February 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P Davis
SOLICITOR FOR THE APPLICANT: Barbayannis Lawyers
COUNSEL FOR THE RESPONDENT: Mr Sweeney
SOLICITOR FOR THE RESPONDENT: Tisher Liner FC Law
COUNSEL FOR THE 3RD RESPONDENT: Mr Searle
SOLICITOR FOR THE 3RD RESPONDENT:

G & I Sanicki Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Dowler
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Cathleen M Corridon

Orders

  1. That the wife have sole parental responsibility for the children D born … December 1999 and K born … August 2005.

  2. That all extant parenting orders are otherwise discharged.

  3. That the children live with the wife.

  4. That the wife, with the assistance of the Independent Children’s Lawyer, organize for K to attend upon a therapist for the purposes of endeavouring to create a healthy parent and child relationship with the husband.

  5. That the husband indicate whether he is willing to attend upon such therapist and participate in such therapy, at his expense, as the therapist considers necessary to fulfil paragraph 4 hereof.

  6. If by 4.00pm on 15 March 2013, the husband has not indicated in writing to both the solicitor for the wife and also the Independent Children’s Lawyer, an unequivocal acceptance of the said therapy and that he will pay for it, then paragraph 4 is automatically discharged and there shall be no contact thereafter between the husband and K without further order.

  7. That any contact between the husband and D shall be by arrangement between them.

  8. If the husband agrees to the therapy in paragraphs 4 and 5, the therapy begin as soon as practicable.

  9. Other than for the purposes of assisting the implementation of the therapy, the Independent Children’s Lawyer is discharged as and from 1 May 2013.

  10. The therapist referred to in these orders shall be given a copy of the reasons published this day and a copy of these orders.

  11. Upon the therapist deciding that the therapy shall commence, the wife do all things necessary to bring K to that person and thereafter facilitate all sessions.

  12. Upon the therapist deciding that it is appropriate to begin contact between…

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AGLC
ST CLAIRE & ST CLAIRE AND ORS [2013] FamCA 108
Case
[2013] FamCA 108
Decision Date

CaseChat Overview and Summary

In the matter of *St Claire & St Clair and Ors*, Cronin J determined parenting orders concerning the children D and K. The dispute involved the wife seeking sole parental responsibility for both children and orders for them to live with her. The husband's willingness to engage in therapeutic intervention was a central consideration in the court's determination of future contact arrangements.

The court was required to determine the most appropriate parenting arrangements for the children, specifically addressing issues of parental responsibility, living arrangements, and the nature and extent of contact between the husband and the children. A key legal issue was how to facilitate a healthy parent-child relationship between the husband and K, given the circumstances, and the conditions under which such contact should occur. The court also considered the role of the Independent Children’s Lawyer and the potential consequences of non-compliance with its orders.

Cronin J ordered that the wife have sole parental responsibility for D and K, and that the children live with the wife. All prior parenting orders were discharged. The court mandated that the wife, with the assistance of the Independent Children’s Lawyer, arrange for K to attend therapy to foster a healthy parent-child relationship with the husband. The husband was required to indicate his willingness to attend and pay for such therapy. Failure to unequivocally accept this by a specified date would result in the discharge of the therapy order and no further contact between the husband and K without further order. Contact between the husband and D was to be by arrangement between them. If the husband agreed to therapy, it was to commence promptly. The court outlined a phased approach to supervised contact for K, commencing with therapy and potentially progressing to supervised contact at a centre for a minimum of 12 months, followed by unsupervised contact on alternate weekends. The husband was otherwise restrained from contacting K, except for sending cards, letters, and presents through the wife. The therapist's determination regarding the benefit of contact was to be in writing, with the possibility of limiting contact to cards, letters, and presents if deemed not beneficial.

Orders

Orders of the court

1.

That the wife have sole parental responsibility for the children D born … December 1999 and K born … August 2005.

2.

That all extant parenting orders are otherwise discharged.

3.

That the children live with the wife.

4.

That the wife, with the assistance of the Independent Children’s Lawyer, organize for K to attend upon a therapist for the purposes of endeavouring to create a healthy parent and child relationship with the husband.

5.

That the husband indicate whether he is willing to attend upon such therapist and participate in such therapy, at his expense, as the therapist considers necessary to fulfil paragraph 4 hereof.

6.

If by 4.00pm on 15 March 2013, the husband has not indicated in writing to both the solicitor for the wife and also the Independent Children’s Lawyer, an unequivocal acceptance of the said therapy and that he will pay for it, then paragraph 4 is automatically discharged and there shall be no contact thereafter between the husband and K without further order.

7.

That any contact between the husband and D shall be by arrangement between them.

8.

If the husband agrees to the therapy in paragraphs 4 and 5, the therapy begin as soon as practicable.

9.

Other than for the purposes of assisting the implementation of the therapy, the Independent Children’s Lawyer is discharged as and from 1 May 2013.

10.

The therapist referred to in these orders shall be given a copy of the reasons published this day and a copy of these orders.

11.

Upon the therapist deciding that the therapy shall commence, the wife do all things necessary to bring K to that person and thereafter facilitate all sessions.

12.

Upon the therapist deciding that it is appropriate to begin contact between the husband and K outside of the therapy sessions, he or she shall advise both the husband and the wife to enrol in a contact centre for supervised contact to begin as soon as practicable thereafter and the contact centre shall be the one most quickly able to assist providing the distance is reasonably practicable from the wife.

13.

The supervised contact shall be on the usual terms and conditions of that centre but for a minimum period of 12 months.

14.

After 12 months, the husband shall spend unsupervised time with K on each alternate weekend from 10.00am on Saturday to 5.00pm on Sunday but:

(a) the handovers shall continue to be at the contact centres; and

(b) the husband shall advise the wife the address at which K is to stay.

15.

That any further contact time, including holidays and special occasions, shall be by agreement and failing agreement, upon application to the Court.

16.

That save as to the times provided by these orders, the husband be restrained from contacting K other than that the husband may send cards, letters and presents to K care of the wife who shall give them to the child.

17.

If the therapist determines that it would not be beneficial for K to have any contact with the husband, that determination shall be in writing to the husband with an explanation as to why. Thereafter, the husband shall be limited to cards, letters and presents as described in paragraph (16) hereof.

18.

That all applications are otherwise dismissed.

19.

That pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

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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