Teague and Verrell (No.2)

[2018] FCCA 3849

FEDERAL CIRCUIT COURT OF AUSTRALIA

TEAGUE & VERRELL (No.2) [2018] FCCA 3849

Catchwords:
FAMILY LAW – Interim parenting – whether mother’s time should be professionally supervised or supervised by a family member.

Applicant: MS TEAGUE

Respondent: MR VERRELL

File Number: MLC 527 of 2016

Judgment of: Judge Harland

Hearing date: 3 December 2018

Date of Last Submission: 3 December 2018

Delivered at: Melbourne

Delivered on: 3 December 2018

REPRESENTATION

The Applicant: In person

The Respondent: In person

Solicitors for the Independent Children’s Lawyer: Ms Ebejer of Ebejer & Associates

ORDERS

1. The parties do all acts and things to enrol with Suburb A Contact Centre (“contact centre”) within seven days.

2. The mother spend supervised time with [X] born … 2009 at the contact centre at times and dates as can be accommodated by that centre.

3. The mother’s application in a case be dismissed.

4. The matter remain listed for final hearing on 8 May 2019 (with an estimated hearing duration of two days).

IT IS NOTED that publication of this judgment under the pseudonym Teague & Verrell (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 527 of 2016

MS TEAGUE

Applicant

And

MR VERRELL

Respondent

REASONS FOR JUDGMENT

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. I am asked today to determine the mother’s application in a case filed on 11 October 2018 seeking supervised time with her daughter, [X]. She seeks that her time be supervised primarily by one of her adult children, Ms B, and when she’s not available, by her stepfather. The mother says in support of that proposal that her stepfather has previously supervised the time in 2016 and her daughter, Ms B, has filed an affidavit on 1 November 2018 where she annexes an undertaking to the Court with respect to supervision. Ms B says that she understands that her obligations as a supervisor would be to ensure that the mother does not discuss inappropriate topics with [X] and if she observes [X] looking uncomfortable in the mother’s presence to call the father. 

3. The mother seeks that she have time overnight on Thursdays so that she can have some contact with [X]’s school and also seeks time for a few hours on each Sunday and time on Christmas Day. The father opposes the mother’s application and says that the mother’s time should be supervised by a professional supervisor. He is concerned about Ms B’s ability to step in and control the mother if necessary and also has concerns about the stepfather and says that there were difficulties when a family member supervised the mother’s time previously. 

4. The father is particularly concerned about there being overnight time. The Independent Children’s Lawyer also opposes the mother’s application and says that the mother’s time should be supervised by a professional…