Taskil & Taskil

[2024] FedCFamC1F 107

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Taskil & Taskil [2024] FedCFamC1F 107

File number(s):	CRC 387 of 2021
Judgment of:	SMITH J
Date of judgment:	9 February 2024
Catchwords:	FAMILY LAW – CHILDREN – Final Consent Orders – where matter listed for upcoming final defended hearing - where parties reached terms of settlement – where first respondent mother has not engaged in these proceedings – where orders are in best interests of child - where consent orders are in line with the expert’s recommendations – where the orders allow for the mother to have supervised time with the child in the event she engages
Division:	Division 1 First Instance
Number of paragraphs:	12
Date of hearing:	9 February 2024  by Microsoft Teams
Place:	Newcastle
Solicitor-advocate for the Applicant:	Ms Gallagher
Solicitor for the Applicant:	Greenlight Law
First Respondent:	Litigant in person (did not participate)
Solicitor-advocate for the Second and Third Respondents:	Mr Beneke
Solicitor for the Second and Third Respondents:	Beneke Legal Pty Ltd
Solicitor-advocate for the Fourth Respondent:	Mr Pigott
Solicitor for the Respondents:	Jwp Lawyers
Solicitor-advocate for the Independent Children's Lawyer:	Ms Goodacre
Solicitor for the Independent Children's Lawyer:	Coffs Law Co

ORDERS

CRC 387 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS B TASKIL

Applicant

AND:

MS C TASKIL

First Respondent

MS ARKIN

Second Respondent

MR D HANAWALT (and another named in the Schedule)

Third Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	SMITH J
DATE OF ORDER:	9 FEBRUARY 2024

BY CONSENT AND ON A FINAL BASIS THE COURT ORDERS THAT:

1.Pursuant to Rule 10.04 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), Final Orders be made in accordance with the document attached hereto.

2.The matter be removed from the list of matters awaiting finalisation and all future listing dates be vacated.

3.The Independent Children’s Lawyer is hereby discharged.

FAMILY LAW ACT 1975

IN THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
AT

File No. (P)CRC387/2021

BETWEEN

Ms B Taskil
(Applicant)

AND

Ms C Taskil
(First Respondent)

AND

Ms Arkin
(Second Respondent)

AND

Mr D Hanawalt
(Third Respondent)

AND

Mr E Hanawalt
(Fourth Respondent)
and
INDEPENDENT CHILDREN’S LAWYER

CONSENT ORDERS

BY CONSENT IT IS ORDERED

1.That all prior parenting orders relating to the child X born 2015 (“the child”) be discharged.

2.That the Applicant have sole parental responsibility to make the major long-term decisions concerning the child herself.

3.Within 48 hours of the Applicant making any major long-term decision pursuant to Order 2 herein, the Applicant will advise the Second and Third respondents in writing of such decision.

4.That the child lives with the Applicant.

5.That the child spends time with the Second and Third Respondents as agreed between herself and the Second and Third Respondents in writing but failing agreement as follows:

5.1During NSW Public School gazetted school terms on alternate weekends from the conclusion of school (3.00pm) on Friday to 3pm Sunday commencing the second Friday of each school term and continuing fortnightly there after;

5.2For half the NSW Public School gazetted holidays (“school holidays”) being the first half in even numbered years and the second half in odd numbered years.

5.2.1The ‘first half’ of the school holidays means from the conclusion of school on the last day of the school term to 3pm on the Sunday falling closest to the midpoint of the school holidays;

5.2.2The ‘second half’ of the school holidays means from 3pm on the Sunday falling closest to the midpoint of the school holidays to 3pm on the last Sunday before the commencement of the school term.

5.3Such other time as agreed between the Applicant and the second and third respondents.

6.Notwithstanding any other Order, the child spends time with the parties on the following special occasions as agreed between the Applicant and the Second and Third Respondents but failing agreement as follows:

6.1In odd numbered years, with the Second and Third Respondents from 2.00pm Christmas Eve to 2pm Christmas Day and with the Applicant from 2.00pm Christmas Day to 2pm Boxing Day.

6.2In even numbered years, with the Applicant from 2.00pm Christmas Eve to 2.00pm Christmas Day and with the second and third respondents from 2pm Christmas Day to 2.00pm Boxing Day.

6.3On the child’s birthday, with the party he is not ordinarily spending time with on that day for a minimum of 3 hours with times to be agreed and failing agreement as follows:

6.3.1If the child’s birthday falls on a school day (including preschool) from the conclusion of school to 6pm;

6.3.2If the child’s birthday falls on a non-school day from 10am to 1pm.

7.That the child communicates with the Second and Third Respondents by video call each Wednesday with the Second and Third Respondents to initiate the call by contacting the Applicant’s phone between 6.00pm and 6.15pm and the Applicant will have the child available to accept the call.

8.That the child communicates with the Applicant by video call each Wednesday when in the care of the Second and Third Respondents with the Applicant to initiate the call by contacting either of the Second or Third Respondent’s phone between 6.00pm and 6.15pm and the Second and Third Respondent will have the child available to accept the call.

9.For the purpose of Orders 5 and 6 above, changeover will occur as agreed between the Applicant and the Second and Third Respondents in writing but failing agreement at the commencement of time shall occur at the park on F Street, Suburb G and changeover at the conclusion of time shall occur at the residential home of the Applicant.

10.That each party will not speak negatively of any members of the child’s immediate or extended family in the presence and hearing of the child.

11.Each party will do all things necessary to remove the child from the presence and hearing of any third party making negative comments of the child’s immediate and extended family members in the presence and hearing of the child.

12.That all parties will advise each other and keep each other advised of their current address and contact telephone numbers (including both landline and mobile phone number if applicable) and advise the other of any changes to these details within 48 hours of such change occurring.

13.That during any period referred to in these orders, in the event of the child being hospitalised or receiving medical attention, the party with the care and control of the child shall notify the Applicant and the Second and Third Respondents as soon as practicable after the first contact with either the medical practitioner, medical centre or hospital.

14.That the Applicant and the Second and Third Respondents will keep each other informed of the names and addresses of any medical or allied health practitioners who treat the child.

15.These Orders are sufficient authority for the child’s treating medical and allied health professionals to discuss the child’s medical progress, diagnosis, prognosis or treatment with each of the Applicant and the Second and Third Respondents.

16.These Orders are sufficient authority for each of the Applicant and the Second and Third Respondents to obtain copies of all school reports, newsletters, merit cards, school photograph order forms and any other written material pertaining to academic or extra-curricular activities for the child.

17.The Applicant and the Second and Third Respondents will each be entitled to attend:

17.1Sporting fixtures;

17.2Any extracurricular activities that allow for parental attendance;

17.3Any school functions and events that allow for parental attendance including but not limited to concerts, school assemblies, sports days, parent and teacher interviews, canteen duties and social functions.

18.The parties will not allow the child to be in the presence of Mr H born 1995 without a reasonably capable adult supervising the child at all times.

19.That the parties will not allow the child to spend unsupervised time with the First Respondent or the Fourth Respondent and any such time to be spent by the child with either the First Respondent or Fourth Respondent will be supervised by a professional children’s contact centre.

20.The Applicant be restrained from relocating the permanent residence of the child to a distance exceeding a 2.5 hour drive from the City J Post Office.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Taskil & Taskil has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX-TEMPORE REASONS FOR JUDGMENT

SMITH J:

1. This matter is listed before me for mention today, in circumstances where it was listed for a Final Hearing commencing on Monday, 26 February 2024 for five days.

2. The parties: being the applicant, the second respondent, the third respondent, the fourth respondent and the Independent Children’s Lawyer (“ICL”), have come to a set of terms which align with the recommendations of the expert in the Family Report. 

3. Having had the opportunity to consider material filed in anticipation of an upcoming hearing, I am comfortably satisfied the proposed consent orders are in the best interests of the child, X (born 2015) aged eight.

4. I give this short Judgment primarily because the first respondent mother is not present. The evidence before me satisfies me that she has historical substance use issues. The mother has not engaged with these proceedings. I am satisfied that it is appropriate to make Orders that not only deal with the child’s parental responsibility and who the child lives with, but which also deal with the circumstances in which the mother would be, if she engages, entitled at Order 19 to spend time with the child on an undefended basis.

5. It is unnecessary to go into great detail, however, I note that I am satisfied that it is appropriate to deal with the matter on an undefended basis with regards the mother and to make orders that bind her in circumstances where the proceedings have been on foot for a long period of time, where the child and the other parties need finality, and the evidence before me satisfies me that the proposed orders would be appropriate.

6. The parties are to be congratulated for reaching what is a sensible and child focused set of orders.

7. It is clear, that this child is fortunate to have so many people who care.

8. It must have been very difficult for the father to agree to these orders, and he should be congratulated for having shown a great deal of child focus.

9. The child is also very lucky to have the applicant, and second and third respondents who also all clearly care very deeply.

10. I congratulate the ICL for facilitating the process which has resulted in excellent orders for the child without the parties needing to go through the stress and trauma of a Final Hearing.

11. Accordingly, by Consent in respect of the applicant, the second respondent, the third respondent, the fourth respondent, and the ICL; and on an undefended basis in respect of the first respondent, I enter the Consent Orders of 20 paragraphs that have been provided to me.

12. Those are my reasons.

I certify that the preceding twelve (12) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Smith.

Associate:

Dated:       1 March 2024

SCHEDULE OF PARTIES

CRC 387 of 2021
Respondents
Fourth Respondent:	MR E HANAWALT