Stanton and Crawford - [2018] FCCA 1700

FEDERAL CIRCUIT COURT OF AUSTRALIA

STANTON & CRAWFORD

[2018] FCCA 1700

Catchwords:
FAMILY LAW – Interim parenting – where serious allegations of family violence made – supervised contact ordered – matter transferred to the Family Court of Australia.

Legislation:

Family Law Act 1975, ss.4AB, 60B, 60CA, 60CC, 61DA, 65DAA, 68B

Cases cited:

Goode & Goode [2006] FamCA 1346

Insley & Insley [2018] FCCA 438

MRR v GR [2010] HCA 4

Applicant:

MS STANTON

Respondent:

MR CRAWFORD

File Number:

WOC 944 of 2017

Judgment of:

Judge Altobelli

Hearing date:

21 May 2018

Date of Last Submission:

21 May 2018

Delivered at:

Wollongong

Delivered on:

12 July 2018

REPRESENTATION

Counsel for the Applicant:

Ms Eldershaw

Solicitors for the Applicant:

Hansons Lawyers

Counsel for the Respondent:

Ms Gillies SC

Solicitors for the Respondent:

Nikolovski Lawyers

ORDERS

Pending further order, the Child [X] (‘the Child’) born 2012 live with the Mother.
Each party must:
(a)contact Care Centre and CatholicCare Suburb A; (the ‘Contact Centres’) within 7 days and arrange an appointment for assessment for suitability for supervision of the time the Child spends with the Father;
(b)attend the assessment;
(c)comply with any appointments made by the Contact Centres for supervised time;
(d)comply with all reasonable rules of the Contact Centres; and
(e)comply with all reasonable requests or directions of the staff of the Contact Centres including to participate in a program or programs.
Pending further order, the Child spend time with the Father each Wednesday for two hours as agreed, with such time to be supervised by Care Centre or CatholicCare Suburb A, whichever is available first to provide supervised contact.
Pending further order, the Father fund the cost, if any, of the supervision in Order 3.
Leave be granted to the parties to file Consent Orders in Chambers in relation to an agreed supervisor for the time the Child spends with the Father.
By consent and or a without admissions basis as regards the Father, within 14 days, the Father enrol in an anger management program and provide written confirmation of enrolment and completion to the Mother’s solicitor.
By consent and pending further order, and or a without admissions basis as regards the Father, pursuant to section 68B of the Family Law Act 1975, the parents be restrained from:
(a)Consuming alcohol to excess during any time the Child spends with them and otherwise;
(b)Denigrating the other parent in the presence or hearing of the Child or in a manner likely to come to the attention of the Child; and
(c)Discussing the proceedings with the child.
Pursuant to section 68L of the Family Law Act 1975 an Independent Children’s Lawyer be appointed for the Child [X] (born 2012) and the Legal Aid Commission of New South Wales is requested to provide such representation.
The parties are to provide to the Legal Aid Commission at SYDNEY forthwith all documents thus far filed by them in these proceedings together with all existing orders and copies of any relevant reports.
Leave be granted to the…

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.

Continue reading Stanton and Crawford

Details

AGLC: Stanton and Crawford [2018] FCCA 1700
Case: [2018] FCCA 1700
Decision Date: 12 July 2018

CaseChat Overview and Summary

The matter before Judge Altobelli concerned parenting arrangements for a child born in 2012, involving the Mother and the Father. The dispute centred on the living arrangements for the child and the terms of contact between the child and the Father.

The court was required to determine the primary residence of the child, the conditions under which the Father would spend time with the child, and the necessity of supervised contact. Further issues included the Father's enrolment in an anger management program, undertakings regarding parental conduct, and the appointment of an Independent Children's Lawyer. The court also considered the transfer of proceedings and the potential need for expert evidence.

The court ordered that the child live with the Mother pending further order. Contact between the child and the Father was to be supervised by designated contact centres, with the Father to fund any costs associated with this supervision. The Father was also ordered to enrol in an anger management program and provide confirmation of enrolment and completion. Both parents were restrained, pursuant to section 68B of the *Family Law Act 1975*, from consuming alcohol to excess, denigrating the other parent in the child's presence, or discussing the proceedings with the child. An Independent Children's Lawyer was appointed for the child, and the proceedings were transferred to the Family Court of Australia at Sydney for further directions.

Orders

Orders of the court

Pending further order, the Child [X] (‘the Child’) born 2012 live with the Mother.

Each party must:

(a) contact Care Centre and CatholicCare Suburb A; (the ‘Contact Centres’) within 7 days and arrange an appointment for assessment for suitability for supervision of the time the Child spends with the Father;

(b) attend the assessment;

(d) comply with all reasonable rules of the Contact Centres; and

(e) comply with all reasonable requests or directions of the staff of the Contact Centres including to participate in a program or programs.

Pending further order, the Child spend time with the Father each Wednesday for two hours as agreed, with such time to be supervised by Care Centre or CatholicCare Suburb A, whichever is available first to provide supervised contact.

Pending further order, the Father fund the cost, if any, of the supervision in Order 3.

Leave be granted to the parties to file Consent Orders in Chambers in relation to an agreed supervisor for the time the Child spends with the Father.

By consent and or a without admissions basis as regards the Father, within 14 days, the Father enrol in an anger management program and provide written confirmation of enrolment and completion to the Mother’s solicitor.

By consent and pending further order, and or a without admissions basis as regards the Father, pursuant to section 68B of the Family Law Act 1975, the parents be restrained from:

(a) Consuming alcohol to excess during any time the Child spends with them and otherwise;

(b) Denigrating the other parent in the presence or hearing of the Child or in a manner likely to come to the attention of the Child; and

Pursuant to section 68L of the Family Law Act 1975 an Independent Children’s Lawyer be appointed for the Child [X] (born 2012) and the Legal Aid Commission of New South Wales is requested to provide such representation.

The parties are to provide to the Legal Aid Commission at SYDNEY forthwith all documents thus far filed by them in these proceedings together with all existing orders and copies of any relevant reports.

10.

Leave be granted to the Independent Children’s Lawyer to issue such additional subpoena as they consider relevant to the issues before the Court.

11.

Leave be granted to the Independent Children’s Lawyer to inspect and photocopy any documents produced on subpoena in these proceedings.

12.

Leave be granted to the Independent Children’s Lawyer to relist the matter on short notice by communication with Chambers in appropriate circumstances.

13.

Leave be granted to the parties to file Consent Orders in Chambers appointing a single joint Expert.

14.

The proceedings are transferred to the Family Court of Australia at Sydney to be listed for Directions before a Registrar on a date and time to be fixed.

NOTATION

A. This Court estimates that this matter will take more than four days to hear at a Final Hearing.

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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