FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Ursini & Flaherty [2025] FedCFamC2F 888
File number(s): DGC 4352 of 2024 Judgment of: JUDGE O'SHANNESSY Date of judgment: 29 May 2025 Catchwords: FAMILY LAW – Parenting – section 65DAAA threshold hearing – where reasons were delivered orally a short time after the conclusion of the hearing – where mother alleges a change in circumstances from the final orders of September 2023 – where father asserts there is no significant change of circumstances – where it is alleged there is a serious breakdown in the co-parenting relationship between the parents – where the court is satisfied there is a change in circumstances and s 65DAAA satisfied – interim hearing – change of school enrolment – order for Child Impact Report – order for Independent Children’s Lawyer – different evidentiary tests for s 65DAAA compared to interim hearing. Legislation: Family Law Act 1975 (Cth) ss 60CC & 65DAAA Cases cited: Goode & Goode [2006] FLC 93-286
Radecki & Radecki [2024] FedCFamC1A 246
Rice & Asplund (1978) 6 FamLR 570, (1979) FLC 90-725
SPS & PLS (2008) FLC93-363
Whitehill & Talaska [2024] FedCFamC2F 768
Division: Division 2 Family Law Number of paragraphs: 74 Date of hearing: 21 May 2025 Counsel for the Applicant: Ms Wilkening Le-Brun Solicitor for the Applicant: Peninsula Community Legal Centre The Respondent: In Person ORDERS
DGC 4352 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS URSINI
Applicant
AND: MR FLAHERTY
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
29 MAY 2025
THE COURT ORDERS THAT:
Leave to bring parenting proceedings
1.The applicant Mother, MS URSINI ('the Mother'), be and is permitted pursuant to section 65DAAA of the Family Law Act 1975 (Cth) ('the Act') to bring parenting proceedings in relation to the child, X born in 2018 ('X').
Interim orders
2.Until further order, the Mother have sole responsibility for making long-term decisions in regard to the health (including counselling) and education of X.
3.For the avoidance of doubt, the Mother be and is permitted to arrange for X to attend a therapist and the Mother be and is at liberty to provide such therapist with:
(a)The Mother's affidavits filed in these proceedings on 10 December 2024 and 24 April 2025;
(b)These orders; and
(c)The reasons delivered in relation to these orders.
4.The respondent Father, MR FLAHERTY ('the Father'), be and is at liberty to consult and be involved in any therapy for X, subject to the therapeutic discretion and direction of the therapist.
5.The Mother do all acts and things to keep the Father informed of the contact details of the therapist.
6.For the avoidance of doubt, the therapy referred to in orders 3 - 5 herein is not confidential as between the Mother and the Father, and is reportable.
Child Impact Report
7.Pursuant to section 62G of the Act, the parties and X born in 2018 are directed to attend with a Court Child Expert (practicing under their appointment as a…
Continue reading Ursini & Flaherty
Sign in free to access the full text
- AGLC
- Ursini & Flaherty [2025] FedCFamC2F 888
- Case
- [2025] FedCFamC2F 888
- Decision Date
CaseChat Overview and Summary
The court found that there had been a significant change in circumstances since the final orders were made, primarily due to a serious breakdown in the co-parenting relationship between the parents. The court noted that the breakdown had affected the child's welfare and best interests, thus satisfying the threshold requirements under section 65DAAA. In light of this finding, the court granted the mother leave to bring the parenting proceedings. Additionally, the court issued several interim orders, including granting the mother sole responsibility for making long-term decisions about the child's health and education, allowing the mother to arrange for the child to attend therapy, and permitting the father to be involved in the therapy subject to the therapist's discretion. The court also directed the parties to attend a Child Impact Report and psychiatric examinations, and appointed an Independent Children's Lawyer to represent the child's interests.
The final orders of the court permitted the mother to enrol the child in a primary school within a specific catchment area and mandated the father to be kept fully informed of all educational matters relating to the child. The court also discharged certain orders from the previous final orders and referred the matter to a Judicial Registrar for further directions and management. The court emphasised the importance of the child's welfare and best interests in making these decisions, taking into account the significant change in circumstances and the breakdown in the co-parenting relationship.
Orders
Orders of the court
DGC 4352 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS URSINI
Applicant
AND:
MR FLAHERTY
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
29 MAY 2025
THE COURT ORDERS THAT:
Leave to bring parenting proceedings
1. The applicant Mother, MS URSINI ('the Mother'), be and is permitted pursuant to section 65DAAA of the Family Law Act 1975 (Cth) ('the Act') to bring parenting proceedings in relation to the child, X born in 2018 ('X').
Interim orders
2. Until further order, the Mother have sole responsibility for making long-term decisions in regard to the health (including counselling) and education of X.
3. For the avoidance of doubt, the Mother be and is permitted to arrange for X to attend a therapist and the Mother be and is at liberty to provide such therapist with:
(a) The Mother's affidavits filed in these proceedings on 10 December 2024 and 24 April 2025;
(b) These orders; and
(c) The reasons delivered in relation to these orders.
4. The respondent Father, MR FLAHERTY ('the Father'), be and is at liberty to consult and be involved in any therapy for X, subject to the therapeutic discretion and direction of the therapist.
5. The Mother do all acts and things to keep the Father informed of the contact details of the therapist.
6. For the avoidance of doubt, the therapy referred to in orders 3 - 5 herein is not confidential as between the Mother and the Father, and is reportable.
Child Impact Report
7. Pursuant to section 62G of the Act, the parties and X born in 2018 are directed to attend with a Court Child Expert (practicing under their appointment as a family consultant) nominated by the Court Children's Service (the Court Child Expert) for the purposes of the preparation of a Child Impact Report at the dates and times below, or as otherwise directed by the Court Child Expert.
Part 1 of the event will occur by video, using Microsoft Teams, on Monday 7 July 2025 with:
(a) The applicant Mother to attend at 9.00 am; and
(b) The respondent Father to attend at 10.30 am.
Microsoft Teams links will be provided to the parties by the Court Child Expert prior to the event.
Part 2 of the event will occur in person at the Melbourne registry on the morning of Wednesday 9 July 2025. Specific details regarding the attendance of the parties and X on this date will be provided to the parties in Part 1 of the event.
8. Each party do all things necessary to ensure that X attend upon the Court Child Expert pursuant to Section 62G(3A), unless otherwise determined by the Court Child Expert that Section 62G(3B) applies.
9. The parties and X shall continue to attend at such times, dates and places as the Court Child Expert may advise.
10. Not later than 4.00 pm on Thursday 5 June 2025 the parties must provide their contact telephone numbers and email addresses to ChildImpactReports …@....
11. Pursuant to order 7 herein, the Court Child Expert shall provide a written report to the Court regarding the welfare and best interests of X.
12. Upon completion, the Child Impact Report shall be provided to the registrar for release to the parties, including by way of order made in Chambers.
13. The Court Child Expert shall be at liberty to inspect any material filed by the parties, and any subpoenaed documents and/or information sharing documents if available.
Psychiatric examination of the parents
14. The Mother and the Father do all acts and things to cause and ensure that each of them undergoes psychiatric examination by the same psychiatrist appointed as a Single Expert Witness pursuant to Division 7.1.2 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), and such psychiatrist prepare a psychiatric report of the mental health of each of the parents of X.
15. For the purpose of order 14 herein, the Mother and the Father do all acts and things to provide to the psychiatrist all of the documents she/he has filed in these proceedings relating to X's welfare.
16. IT IS REQUESTED that Victoria Legal Aid assist the Mother with the cost of the psychiatric report referred to in order 14 herein.
Appointment of Independent Children's Lawyer
17. Pursuant to section 68L(2) of the Act, X be independently represented, and IT IS REQUESTED THAT Victoria Legal Aid arrange such independent representation and, if practicable, appoint the Independent Children's Lawyer involved with the previous proceedings regarding X and:
(a) forthwith upon appointment by Victoria Legal Aid and the Independent Children's Lawyer file a notice of address for service;
(b) within 48 hours of notification of such appointment the solicitors for the respective parents (or, if unrepresented, then the parent themselves) provide to the Independent Children's Lawyer copies of all applications and affidavits upon which that party relies together with any existing orders and copies of any relevant reports;
(c) the Independent Children's Lawyer fulfil the requirements set out in 'Guidelines for the Independent Children's Lawyer' as published on the website of the Federal Circuit and Family Court of Australia, and in particular carry out the tasks set out in clauses 5, 6.2, 6.3, 6.5 and 6.7; and
(d) the Independent Children's Lawyer prepare a minute of the orders they will recommend be made as final orders.
18. Leave be and is granted to the Independent Children's Lawyer to inspect and copy:
(a) All subpoena material that has been produced in these proceedings;
(b) Any material produced by the Department of Families, Fairness and Housing that has been filed in response to a notification made under s 67ZBD;
(c) Documents produced by the Department of Families, Fairness and Housing in response to any order to provide documents or information under a s 67ZBE Order.
AND THE COURT ORDERS UNTIL FURTHER ORDER THAT:
19. The Father be and is excused from compliance with order 8 of the final orders dated 4 September 2023 ('the Final Orders').
20. All non-school day changeovers are to continue to occur at Woolworths in Suburb B.
21. The Mother be and is permitted to enrol X at a primary school within the Suburb C school catchment area.
22. The Mother do all acts and things to keep the Father fully informed of all educational matters relating to X.
23. Orders 1 and 17 of the Final Orders be and are discharged.
24. The Final Orders otherwise remain in full force and effect save as provided in these orders.
AND THE COURT ORDERS THAT:
Procedural
25. All extant interim applications be and are otherwise dismissed.
26. The matter be and is referred to Judicial Registrar Dixon for such further directions and management as appropriate.
AND THE COURT NOTES THAT:
A. Pursuant to ss 65DA(2) and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.
B. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
C. Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.
D. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
E. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.