VALCOUR & ALARDIN

[2020] FCCA 2233

FEDERAL CIRCUIT COURT OF AUSTRALIA

VALCOUR & ALARDIN [2020] FCCA 2233

Catchwords:
FAMILY LAW – Parenting orders – where Final Hearing proceeds on an undefended basis – where ongoing concerns for the wellbeing of a child – section 91B Order made.

Legislation:

Family Law Act 1975 (Cth), ss.62B, 65DA, 68B, 91B, 102NA

Federal Circuit Court Rules 2001 (Cth), r.16.05

Applicant: MS VALCOUR

Respondent: MR ALARDIN

File Number: WOC 710 of 2017

Judgment of: Judge Altobelli

Hearing date: 3 August 2020 via Videoconference

Date of Last Submission: 3 August 2020

Delivered at: Wollongong

Delivered on: 3 August 2020

REPRESENTATION

Counsel for the Applicant: Mr Cairns

Solicitors for the Applicant: Sharah & Associates Solicitors and Conveyancers

The Respondent appeared in person via videoconference.

Counsel for the Independent Children's Lawyer: Mr Grew

Solicitors for the Independent Children's Lawyer: Acorn Lawyers

ORDERS

1. By consent as between the Applicant Mother and the Independent Children’s Lawyer but on an undefended basis in relation to the Respondent Father, final parenting Orders be made in accordance with the document marked “A” dated this day 3 August 2020 and attached hereto.

2. Pursuant to section 65DA(2) 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.

3. Pursuant to section 91B of the Family Law Act 1975, the Secretary of the Department of Communities and Justice is requested to intervene in these proceedings in relation to the children X (born in 2007) (‘X’) and Y (born in 2013) (‘Y’).

4. The Independent Children’s Lawyer is to forward to the Solicitor for the Secretary of the Department of Communities and Justice at its Head Office in Suburb B , not later than 4.00 pm on 17 August 2020 copies of the documents filed by each of the parties to date.

5. Upon request from the nominee of the Secretary the Registry Manager permit inspection of the Court file to enable consideration of the request to intervene in the proceedings.

6. The Hearing dates of 4 and 5 August 2020 be vacated.

7. Within 7 days, the Independent Children’s Lawyer is to notify the Respondent Father of the Orders made today.

8. All outstanding applications otherwise be dismissed and the matter removed from the list of cases awaiting finalisation

NOTATIONS:

(A)For the purposes of the s.91B notification, the Child Y presently lives with the Mother, Ms Valcour. The current evidence before the Court suggests that the Child X appears to be living with the Father, Mr Alardin, despite Orders to the contrary.

(B)These Orders are made in the absence of the Respondent Father and he is at liberty to make such application as he may be advised pursuant to Rule 16.05 of the Federal Circuit Court Rules 2001.

“A”
FAMILY LAW ACT 1975

IN THE FEDERAL CIRCUIT COURT OF AUSTRALIA

AT WOLLONGONG  File No.  (P)WOC710/2017

BETWEEN  MS VALCOUR

(Applicant)

AND  MR ALARDIN

(Respondent)

AND  INDEPENDENT CHILDREN'S LAWYER

BEFORE:JUDGE ALTOBELLI

DATE:_____ / _____ / 2020

Orders proposed by ICL

THE COURT ORDERS THAT:

1. That the Mother shall have sole parental responsibility for the children, and X (dob: 2007) and Y (dob: 2013) .

2. That the children live with the Mother.

3. That the children spend no time with the Father.

4. The Respondent Father, other than with the written consent of the Mother, is otherwise restrained, by injunction, pursuant to Section 68B of the Family Law Act 1975, from: -

   4.1Attempting to contact the children by any means whatsoever, including through a third party;  

   4.2Approaching, or coming within 100 metres of any place where the children might reside from time to time;

   4.3Approaching or coming within 100 metres of any school or before or after school day care centre which the children might attend or at which they are enrolled.

5. That within fourteen (14) days the Mother do all things necessary to organise for the children to attend upon an appropriate psychologist to assist in their emotional and behavioural difficulties.

   5.1The Mother will facilitate the children's attendance so long as is recommended by the treating practitioner.

6. In addition to order 5, the Mother will do all things necessary to ensure the children attend upon such other persons as recommended by their general practitioner from time to time.

7. That the Mother shall attend upon medical, psychological and specialist appointments as directed by her treating practitioners at such frequency, and for such duration, as is recommended by her treating practitioner, and comply with any treatment recommended, including taking any medication as directed.

8. That pursuant to s.62B of the Family Law Act, information about the family counselling services, family dispute resolution services and other courses, programs and services available, is set out in the Fact Sheet attached hereto.

9. That pursuant to s.65DA(2) of the Family Law Act, 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 the Fact Sheet, attached hereto and these particulars are included in these orders.

IT IS NOTED that publication of this judgment under the pseudonym Valcour & Alardin is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 710 of 2017

MS VALCOUR

Applicant

And

MR ALARDIN

Respondent

EX TEMPORE 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 have made Orders on an undefended basis so far as the Father is concerned, in relation to two children X who is 13 and Y who is 7. 

3. This is a highly unusual, and I must say, deeply disconcerting situation.  Even though the Orders I have made provide for X who is 13 to live with his mother and spend no time with the Father, the reality is (as was apparent this morning) that X either lives with his father or appears to be under his father’s control.  X does not appear to be going to school.  Some of the evidence that I will make reference to suggests that he is having quite some difficulties and has been the subject of numerous Police inquiries about his behaviour and his actions. 

4. I have made these Orders because there are two things that are absolutely foremost in my mind:

   a)The need to bring this litigation to an end, because I believe that the Family Law Act 1975 (Cth) has done everything that it can possibly do in a family that is, and I mean no disrespect by this whatsoever, as dysfunctional as the present one.

   b)The section 91B Order will hopefully signal to the Department that they must do something, particularly in relation to X, who already has proceedings in the Children’s Court of a criminal nature.

5. The outcome today is far from ideal.  In many ways, it represents a Court having jurisdiction under the Family Law Act throwing up its hands in despair and saying, “Look, this is the best that we can do.  But it is hardly good enough for these children, especially X.”

6. The evidence before the Court is referred to in the case outline documents that have been filed.  The chronology contained in the Independent Children’s Lawyer’s case outline, I adopt as being a fair summary of the evidence and of the relevant events. It is reproduced as the First Schedule to these Reasons. Exhibit ICL1 is a comprehensive tender bundle of the documents relied on in the Independent Children’s Lawyer’s case. 

7. This morning, before the matter came on, I had the opportunity to scan these documents.  It is important to note, for the record, that this matter has been in my docket since the proceedings commenced in July 2017.  The matter has a lengthy history of three years. 

8. The Father has frequently appeared before me on a non-represented basis.  In the past, he has presented to the Court as being very erratic in his presentation and thinking and saying many inconsistent things.  He so presented again today. His son X was physically present and, I am satisfied, was seeing what was going on and probably hearing what was going on, at least, for part of the time. 

9. I must record, however, that unlike previous occasions, this morning the Father was not as aggressive as he has been in the past.  But if that is significant it would be mere speculation on my part as to why that level of aggression was not present.  A possible explanation is that his contention to me that he is not using methamphetamine may have some substance to it, I do not know.

10. In any event, I decided this morning to proceed on an undefended basis because I was not satisfied that an adjournment would result in anything different occurring on the next application. The Father was not able to provide any explanation to me as to why the representation that he was provided at no cost under section 102NA was not pursued.

11. The history of the matter that is summarised in the chronology presents a very disconcerting picture about the Father’s capacity and behaviour.  There have been multiple AVO’s because of the Father’s violence and multiple breaches of those AVO’s.  The Father has been incarcerated on a number of occasions.  There is ample evidence to suggest that until, at the very least early 2020, the Father used the drug methamphetamine, known as “ice”. 

12. What is even more disconcerting is the more recent evidence of what can only be described as a “dramatic decline” in the behaviour and, it would seem, wellbeing of the oldest child, X.  X appears, from the evidence before the Court, to have engaged in antisocial and criminal behaviour.  He appears to have been mixed up with the wrong people.  And, perhaps, the greatest concern is he appears to be more under the influence of his father, at the moment, than his mother. 

13. It would be a great tragedy if the Father’s chaotic life is replicated in the life of his son.  All the Court can do is to plead with the Department of Communities and Justice, in these Reasons for Judgment, that it steps in and seeks to better support the Mother in her care of X and to protect X from the risk of harm that this Court is completely satisfied emanates from his father because of his erratic behaviour.  It was in the past - violence.  It was in the past, and possibly continuing - drug use by the Father.  

14. So far as the younger child Y is concerned, this Court is in no doubt that the Orders it has made which mean, in effect, that there will be no contact between him and his father for a long time, is in his best interests.  It is the only way to protect Y from the risk of harm that comes from his father. 

15. Unless something can be done in relation to X, it means that Y may well miss out on a relationship with his brother, which would be a great tragedy.  It is possible, regrettably, that Y will miss out anyway because the path that X is undertaking seems to be one that will land him in some form of institution or correctional facility. It is a deeply disconcerting situation.

16. The matters that I have referred to strongly indicate the need to make an Order for sole parental responsibility in favour of the Mother in respect of both children.  Perhaps, in some way that might help her to assist in controlling X’s behaviour.

17. It needs to be acknowledged that Ms Valcour, the Mother of X and Y, has laboured under extraordinarily difficult conditions in raising these children.  Even if I said that there was probably much more she could have done and that there were opportunities missed, that would be unfair criticism of her having to deal with what I have describes a “dysfunctional situation” that has been created, primarily, by the children’s father. 

18. It has not been easy for the Mother to raise these children, and the difficulties may not yet be over.  But I am satisfied that the Orders that I have made may just assist her.

19. There is the risk that the Father will take advantage of the provisions contained in the Federal Circuit Court Rules 2001 (Cth) and seek to stay, vary or set aside these undefended Orders. That is his right. His lack of consistent engagement with the legal system makes that a manageable risk so far as this Court is concerned.

20. So far as X and Y are concerned, it is time to end their involvement with the Commonwealth legal system.  I am satisfied these Orders are in their best interests. 

I certify that the preceding twenty (20) paragraphs are a true copy of the reasons for judgment of Judge Altobelli

Associate: 

Date: 19 August 2020

Schedule One

Chronology prepared by the Independent Children’s Lawyer

F1: Affidavit of Mr Alardin filed 7 February 2018
M1: Affidavit of Ms Valcour filed 16 July 2020

DATE	EVENT	SOURCE
1982	Father is born.	M1 paragraph 4
1982	Mother is born.	M1 paragraph 2
1999	Parties commence a relationship.	M1 paragraph 6
1999	Police attend the location to recover a stolen vehicle. The Father is seen running from near the vehicle when police arrive.	S2 NSW Police
2000	The parties commence cohabitation.	M1 paragraph 4
2004	Father involved in a brawl at City C. Police are called.	S2 NSW Police
2006	Father attends his family home to see his mother. Unknown victim informs him their mother is not home. An argument occurs with the father following the victim into the home, opening her bedroom door with force. She calls police.	S2 NSW Police
2007	The child X is born. According to the Mother, the Father is drunk and inhales her birthing gas.	M1 paragraph 8, 36
2009	Father returns negative drug results for work.	S1 IOH
2009 –2013	Father's drug testing all negative.	Subpoena from IOH Injury and Occupational Health
2011	Parties purchase matrimonial home.	F1 Paragraph 6
2013	The child Y is born.	M1 paragraph 8
2014	Father charged with middle range PCA – 1st offence. Reading of 0.122. later receives a $80 fine and 6 month disqualification.	S2 NSW Police
2014	Parties marry.	M1 paragraph 7
2014	Mother states the Father begins showing signs of agitation, becoming aggressive towards her. The children avoid him.	M1 paragraph 18
2014	The Father steals a number of the Mother's clothes and hides them for 24 hours. He says to her words to the effect, "I took them to the charity bins, you'll never get them back."	M1 paragraph 21
2014	Mother becomes aware the Father is using ICE. She finds a glass pipe in his "man cave," in his car and in her car. He denies ice use at first but later says words to the effect, "I only touch it on weekends."	M1 paragraph 37
Mid 2015	Father steals a number of the Mother's personal belongings and places them in storage without her consent.	M1 paragraph 22
2015	While in the car, the Father says to the Mother words to the effect "I'll kill us both in this car." The Mother cries and screams, eventually jumping out of the car. The Father chases and tackles the Mother. The Mother runs to a friend's house and spends the night there.	M1 paragraph 25
2015	The Father reports experiencing suicidal thoughts, but no plans noted. Smoking more and having a beer daily.	S18 Suburb F  Medical
2015	Father referred to Dr D for ongoing anxiety, stress and relationship issues.	S18 Suburb F Medical Practice
2015	Father and another unknown person are stopped and searched for suspected possession of illicit substances. They are spotted driving around at 3.30am in Suburb E, an area well known for drug activity. Police find a large sum of cash ($1610) and an ICE pipe with drug residue.	S2 NSW Police
2015	The Father is stopped and searched by police for suspected possession of illegal drugs. NIL found.	S2 NSW Police
Late 2015	The Father takes the Mother's Go Mastercard and withdraws thousands of dollars.	M1 Paragraph 12
Late 2015	The Mother is staying at a friend's home with the children. The Father attends the home and removes parts of the Mother's car leaving her unable to drive it.	M1 paragraph 30
2015	The parties are driving, and the Father follows the Mother closely while she has the children in her car. The Mother pulls over to the side of the road. The Father also pulls over and approaches the Mother screaming at her to transfer him money. The Father allegedly threatens to run her off the road. The Mother escapes and drives to her Mother in laws. The Father subsequently attends, continuing to yell about transferring money. Eventually the father leaves, the mother returns home to get clothes for her and the children but finds her clothes are missing. The Mother attends her parent's home. In the early hours of the morning she hears the Father banging and calling out to come outside and give him money.	S2 NSW Police
2015	The Father attends the Mother's work. He is told to leave. Later in the day police speak with the Mother who states the POI was using ICE, constantly yells at her, demanding money and threatening suicide. They observe over 40 text messages and missed calls from the Father. The Father attempts to make about 10 calls in the 1 minutes they had the Mother's phone.	S2 NSW Police
2015	The father attends his initial appointment with Dr D Psychologist. He reports having marital problems, acknowledges substance use and gambling issues. He further reports mood fluctuations, significant weight loss most likely from methamphetamine use and feeling depressed. He blames the Mother for the marital problems.	S4 Suburb F medical Practice
2015	The Father attends the Mother's workplace demanding money. Police attend and view abusive messages from the Father. Apprehended Violence Order made for the Mother's protection for a period of three years.	M1 paragraph 11, 27
2015	Incident where the Father verbally abuses his mother for money. One of the Father's siblings contacts police believing he has a drug problem and needs help.	S2 NSW Police
2015	Mother returns home to find her clothes and other belongings have been pulled out of the cupboard and left all over the room. The Mother says to the Father words to the effect, "Why did you trash my room?" The Father responds, "because you're a bitch."	M1 paragraph 27
2015	The Mother is picking up Y from preschool. The father attends, blocking the Mother in the carpark with his car saying words to the effect, "fucking transfer the money!" The Mother pretends to transfer money so she can leave. The Father follows her in his car, ramming her with the front of his car yelling, "I want my money." The Mother stops to take a call from a teacher at Y's preschool. The Father grabs the phone and screams, "you called the police! Have you fucking called the police?!" He punches her windshield, smashing it and kicks the panels of her car.	M1 paragraph 28
2015	The Father chases the Mother in his car, hitting her car five times with his. A passer-by stops and the Father says words to the effect, "fuck off, it's none of your business" while the children are present. The Paternal Grandmother allegedly encourages the Mother not to go to the police.	M1 paragraph 29
2015	The parties separate according to the Mother.	M1 paragraph 10
2016	The Mother and children are travelling with the maternal grandparents in the car. The Father tailgates the car with his high beam headlights on. The Mother approaches a police car parked in the street and the Father speeds away.	M1 paragraph 32
2016	Mother collects Y from preschool. Staff observe a white ute drive into the carpark as the Mother is leaving. A man jumps out and runs over to the Mother's car, screaming. He heads back to his car. Staff observe the mother's car parked down the road and call her. They hear yelling, screaming and crying	S3 Suburb F Preschool
2016	Letter from Dr D Psychologist notes the Father has failed to attend his subsequent appointment or make any further appointments.	S4 Suburb F Medical
2016	Incident where the Mother's sister and her daughter are sleeping. Her daughter hears a loud bang outside the premises. She goes outside and sees the Father who tells her to wake her mother. She tells her Mother the Father has a firearm and machete. They call police six hours later. The sister's story changed a number of times when probed by police. Police notes to be sceptical about whether the Father was at the location in possession of a firearm or machete.	S2 NSW Police
2016	Preschool staff observe the Mother to have a black eye. When they ask Y if she is okay he says words to the effect, "Mummy's nose is sore" and "mummy's nose is sore, Daddy hurt mummy's nose."	S3 Suburb F Preschool
2016	Father searched for suspected possession of illegal drugs with NIL drugs found. The car the Father and an unknown POI are in is searched and a glass pipe is located.	S2 NSW Police
2016	Father receives a move on direction as he is suspected to be purchasing or selling illicit drugs.	S2 NSW Police
2016	The parties separate according to the Father.	F1 paragraph 4
2016	Father searched by police for suspected possession of illegal drugs with NIL found.	S2 NSW Police
2016	Father searched for suspected possession of illegal drugs. NIL found.	S2 NSW Police
2016	Y says to preschool staff words to the effect, "Daddy break my fingers, he hurt them." When asked why he responds, "Because he smash the wall, he put a hole in it, he smash it."	S3 Suburb F Preschool
2016	Father ties a noose in the garage saying words to the effect, "I'll be hanging there when you get home." The Mother asks her father to attend the home and cut the noose down.	M1 paragraph 45
2016	Father is stopped by police and states he uses methylamphetamine every couple of days. Father is observed holding two phones, one of which was constantly ringing.	S2 NSW Police
2016	The Father follows the Mother home in his car, ramming her with his car several times. He lets himself into the home and pushes the Mother against a wall, saying words to the effect "I'm going to stab the bitch" before running towards her with a knife. The Mother escapes. When she returns there are holes in the wall. The Father leaves the Mother a number of abusive messages saying words to the effect, "fuck you Ms Valcour you fucking filthy bitch. Put me on autoblock. Fucking ring me back you piece of shit or I'll fucking hurt you." Father is charged with stalk/intimidation; common assault; and contravene AVO. He is subsequently sentenced to 10 months imprisonment commencing 2017 and concluding 2017, non-parole period of 3 months. Also receives a s9 bond for 12 months in relation to the common assault charge.	M1 paragraph 32; S2 NSW Police
2016	Father attends the Mother's friend's home where her and the children are staying. X goes outside. When he returns, he says words to the effect, "Dad said he's going to gas himself." On this date the Father also calls the Mother and sends her text messages. Father charged with breach of bail.	M1 paragraph 47; S2 NSW Police
2016 –2016	Father is incarcerated.	S22 Department of Justice
2016	Father sends the Mother five text messages. Later he approaches the Mother whilst at a football field in City C. Father charged with breach of bail.	S2 NSW Police
2016 –2016	Father is incarcerated.	S22 Department of Justice
2016	X attends GP and receives a mental Health Care Plan. Notes history of ice use by the father, separation, Mother has an AVO, history of being bullied. He is referred to Ms G.	S18 Suburb F Medical Practice
2016	Child X referred to Ms G Psychologist under Mental Health Care Plan. Documents indicate child is scared of Father. He fears he may do something bad to him or his Mother.	Subpoena documents Suburb F Medical Centre
2016	Y says to preschool staff words to the effect, "Daddy smashed the wall and mummy's bed."	S3 Suburb F Preschool
2016	Father charged with contravention of AVO. Fined $750. Stopped by police within 100m of the location, details of which are redacted.	S2 NSW Police
2016 –2016	Father is incarcerated.	S22 Department of Justice
2016	Mother is referred to Ms H Psychologist on Mental Health Care Plan for depression and anxiety following domestic violence	Subpoena documents Suburb F Medical Centre
2016	Mother attends Ms H. Reports domestic violence and drug use by the Father and notes she was too scared to report things. She completes the DASS/K10 scales with results indicating moderate to severe depression, mild anxiety and normal stress.	S4 Ms H
2016	Mother attends Ms H. Reports the Father is in jail and the paternal grandmother hasn't had contact with the children and is blaming the Mother for the Father being in jail.	S4 Ms H
Mid 2016	Father completes a drug test for work allegedly using Y's urine. He used a heated pack and put it in his pants to keep it warm. He taped it and had a contraption he could squeeze that made it look like he was doing the drug test.	M1 paragraph 42
2016	Mother attends the police station and reports having received a number of calls from a private number. She answered one of the calls and reports receiving a call from an inmate at a Correctional Centre She hung up the phone but believes the call to be from the Father.	S2 NSW Police
2016	Final AVO varied.	M1 paragraph 16
2016	Father released on parole.	F1 paragraph 20; S8 Department of Justice
2018	Mother attends Ms H, reports seeing the 'negative' in things and thinking the worst. She can see this in X too.	S4 Ms H
2016	Mother suffering from moderate depression, mild anxiety and normal stress. Her results indicate she is experiencing symptoms of Post Traumatic Stress Disorder in the context of domestic violence from the Father.	S4 Ms H
2016	Father searched for suspected possession of illegal drugs and suspected selling drugs. NIL drugs found however notes the Father was seen with other POI in possession of drug paraphernalia.	S2 NSW Police
2016	The Mother and children are on a main road with male friend after getting dinner. The Father spots them and gets out of his car, approaching the male friend saying words to the effect, "What's going on here, are you with her now?" He further calls the Mother a "Fucking slut". X is hiding and Y is crying during incident. Father charged with contravention of AVO and later sentenced to three months imprisonment commencing late 2016.	M1 Paragraph 33;  S2 NSW Police
late 2016	Father convicted of breach of AVO and later sentenced to three months imprisonment commencing late 2016. At about 11.03pm the Mother is in bed when she hears he Father's vehicle. She looks out the window and observes the father driving his vehicle to the end of the street before turning around and driving back past the home.	F1 paragraph 21; S2 NSW Police
late 2016 –2017	Father is incarcerated.	S22 Department of Justice
Early 2017	Incident report during Father's incarceration notes the father and the paternal grandmother  were attempting to arrange for her to smuggle contraband into the facility.	S22 Department of Justice
2017	Father is released from City J Correctional centre. Time between the Father and children has ceased.	F1 paragraph 22-24 F1 paragraph 33
2017	Father searched for suspected possession of illegal drugs with NIL found.	S2 NSW Police
2017	COPS event for the Father. Property searched. Unknown person located who has an outstanding warrant relating to drug possession charges. NIL found in relation to the Father.	S2 NSW Police
2017	Father searched for suspected possession of illegal drugs. NIL found.	S2 NSW Police
2017	Mother sells some of the Father's belongings on gumtree.	F1 paragraph 26
2017	Father searched for suspected possession of illegal drugs. NIL found.	S2 NSW Police
late 2017	X reports that Father had been contacting him on his mobile phone and says words to the effect, "Dad says bad stuff about you and I don't like it…"	M1 paragraph 29
early 2018	Father searched for suspected possession of illegal drugs. NIL found.	S2 NSW Police
2018	Father breaches AVO as he interacts with the children at a shopping centre while the Mother is present.  Father pleads guilty and is subsequently sentenced to a seven-month suspended sentence. He allegedly yells at the children words to the effect, "your mum should let me come and get you" then yelling at the Mother "you're a fucking bitch, you're a slut." Mother claims the children did not approach Father during this incident.  X's friend was with them and witnessed the incident. When police attend the father's home later they view a text message he sent to the children which read words to the effect, "sorry about that… I love you so much one day you will understand? XOXO remember you are my boys and your mother needs to let you both see their father??Love always Dad."	F1 paragraph 34-36; S2 NSW Police M1 paragraph 34
2018	Father charged released on bail	S22 NSW Police
2018	Father attempts to initiate mediation through K Counselling and L Counselling. Mother disputes this.	F1 Paragraph 38; M1 paragraph 27
2018	Mother performs chain of custody urinalysis test. Results negative	M1 paragraph 41
2018	The Mother attends M Family Centre for an intake. She is informed the Father has not attended and contact cannot be arranged.	M1 paragraph 50
23 April 2018	ICL meets with the children.
2018	Domestic violence incident where the father is the POI and an unknown person is the victim.	S12 NSW Police
2018	Father listed as the PN in an assault incident with an unknown person.	S12 NSW Police
2018	Father searched by police with NIL found.	S12 NSW Police
2018	Mother attends the Father's home, yelling at X from outside to get in the car. Father is also outside at the time, yelling at X to go back in the house. X tells his mother he wants to stay. The mother yells at the Father. Mother tells police she needs a new AVO as the current one will expire in three weeks. Police unable to assist as she approached the Father.	S17 NSW Police
2018	Father the POI in a domestic violence incident with an unknown victim.	S12 NSW Police
late 2018	Father searched by police. Appears nervous and swearing. $500 in cash found. Father listed as the POI in a domestic violence incident with an unknown victim. Notes he has been verbally and physically abusive	S12 NSW Police
late 2018	Actual breach of AVO incident. Father is the POI, unknown victim.	S12 NSW Police
late 2018	Final AVO expires.
late 2018	Notes from the Department of Justice indicate an AVO is made against the Father for the protection of a woman named Ms N.	S22 NSW Police
late 2018 –early 2018	Father is incarcerated.	S22 NSW Police
21 December 2018	ICL meets with the children.
early 2019	X sends a video to the Mother of him doing burnouts in the Father's car, with the Father in the passenger seat. X is aged 12 at the time.	M1 paragraph 54
11 February 2019	Pursuant to s 91B Orders made that the Department is requested to intervene in the proceedings.
28 February 2019	X attends paediatrician. Notes he was referred for behavioural issues. Said to experience episodes of emotional dysregulation. He gets angry quickly and starts yelling and screaming at his Mother.	S18 Suburb F Medical Practice
28 - 29 March 2019	Mother reports X as a missing person after he does not attend school. He is located the next day and informs police he slept under a carpark bench for the night. X is conveyed to CAHMS at Region O Community Health Service. Notes he had been seeing Ms G psychologist, however, would avoid therapy. Ms G reports a complex presentation of PTSD, avoidance, intrusive thoughts, history of domestic violence by the Father towards the Mother. Through CBT he has moved past being fearful of the father. Notes he had been staying with the paternal grandmother before that broke down and he refused to return.	S17 NSW Police; S18 Suburb F Medical Practice
13 April 2019	Father stopped for a random breath test. Results negative. Checks reveal suspended licence. When asked why he is driving, he states he is going to see his son.
31 May 2019	X currently suspended from school. X and another unknown POI stop the victim on his bike asking for a go. When the victim refuses, they chase him. X knocks the victim's bike. The other POI grabs the victim in a choker hold before pushing him away. X says words to the effect, "punch him in the head." POIs run away as an unknown person arrives.	S17 NSW Police
17 June 2019	The Mother reports X as a missing person after he leaves for school but never attends. Mother advises he has done this many times before.	S17 NSW Police
22 June 2019	Father breath tested with a negative result. Oral fluid test returns a positive reading for methylamphetamines. The Father is arrested ad questioned, saying words to the effect "yeah I smoked cones yesterday." Subsequent analysis confirms positive reading for delta-9-tetrahydrocannabinol or methylamphetamines or 3, 4- methylenedioxymethamphetamine or cocaine or combination thereof.	S12 NSW Police
4 July 2019	An unknown person attends X's school alleging his son was punched in the face by X.	SS17 NSW Police
2 August 2019	The Father stopped by police while driving for an oral fluids test. Results are positive for methylamphetamine. Checks reveal his licence is disqualified. When asked about taking drugs the Father states, "I had some."	S17 NSW Police
4 August 2019	Father searched by police with NIL found.	S12 NSW Police
16 August 2019	X stopped and searched by police for suspected possession of illegal drugs with NIL found.	S17 NSW Police
27 August 2019	X is stopped and searched by police with NIL found. Observed loitering outside a house well known for drug and larceny offences.	S17 NSW Police
28 August 2019	Mother contacts police seeking an AVO. She plays them two voicemail recordings from the Father. The messages consist of swearing and abuse towards her and her alleged "poor parenting." Police acknowledge the Father to be rude but no offence is detected. The Mother alleges the father was driving past her house after she refused visits with the children.	S17 NSW Police
10 September 2019	Police receive information that X is staying at the location of an unknown person who has intel for administering cannabis. Location is well known for use of the drug ICE. It is believed the young person is smoking ICE and using cannabis.
13 September 2019	Father is stopped and searched by police for suspected possession of illegal drugs. Father makes admissions to being a drug user. NIL found.	S17 NSW Police
23 September 2019	X observed stealing items from a convenience store. On the same date, police are patrolling in response to a group of young people throwing rocks at cars. X is searched with NIL found.	S17 NSW Police
24 September 2019	Actual malicious damage incident. X observed to use a lighter to set fire to a dining room tray at Suburb E McDonalds for 1 to 2 seconds at a time.	S17 NSW Police
30 September 2019	X observed riding a motorbike alone, without a helmet on a busy road.	S17 NSW Police
26 October 2019	The Father is stopped by police while driving for random testing. Checks reveal his licence is currently disqualified and the Father states he is out looking for his son. He is breath tested with a negative result. A subsequent oral fluid test returns a positive reading for methamphetamines. The Father states, "I haven't consumed it. It would be over one and a half weeks." Subsequent testing confirms result.	S17 NSW Police
14 October 2019	X is searched by police with NIL found. He is seen leaving a well-known cannabis supply location. COPS event of the same date notes X has been living with the Father for some months, due to being kicked out of the Mother's home. Notes X hasn’t been coming home for weeks at a time, is refusing to attend school, riding unregistered motorbikes and the Father and the witness (grandmother) are struggling to control his behaviour. On this date the child had taken a motorbike to a friend's house and not returned it. The Father told him to get the bike back and X refused. The Father became angry and began yelling loudly. The two were yelling at each other. The father left and an unknown person called police. When police arrived the child had taken off.	S17 NSW Police
31 October 2019	Police called in relation to X and another young person throwing rocks at vehicles. X receives a move on direction.	S17 NSW Police
6 November 2019	X involved in an assault incident. He is verbally abusive towards another young person while at Suburb E McDonalds. He then attempts to punch the victim a number of times, he manages to knock the victim to the ground.	S17 NSW Police
18 November 2019	COPS event notes unknown victim hears a rock landing on her roof. She tries to record the offender but is unsuccessful. X is observed at the rear of the house. He is later heard by police swearing.	S17 NSW Police
21 November 2019	Father stopped by police while driving. Notes he is a disqualified driver. The father is breath tested with a negative result. He is then subjected to an oral fluid test which returns a positive detection to methamphetamines. When questioned the Father says, "it would have been two weeks at least." Subsequent analysis confirms positive reading for methylamphetamine.	S17 NSW Police
23 November 2019	Father searched by police for suspected possession of illegal drugs with NIL found. COPS event notes him to be a known drug user in an area near two drug houses and police had just stopped a known drug supplier a couple of minutes prior.	S17 NSW Police
2 November 2019	X listed as YP1 in an assault incident at school. Notes the victim suffers from constant harassment due to her boy like appearance and intellectual disability. X and another young person approach the victim, he shows her a video of her brother about to be assaulted. The victim becomes upset and verbally abuses X. She runs away and X chases her, holding her by her shirt. She kicks him in the genitals in an attempt to get away and he punches her in the face, leaving her with a black eye.	S17 NSW Police
19 November 2019	Police observe smoke rising from a grass council reserve. The fire brigade attends and extinguishes the fire. Witnesses report a group of youths walking from the location. X is seen nearby the location in a group. The youths are searched with NIL found. Notes similar fire occurred the same day and CCTV footage places the same youths near the location. It is strongly believed the group is responsible for the two fires.	S17 NSW Police
6 December 2019	ICL meets with the younger child Y. No attendance by X.
9 December 2019	Mother takes X to the GP. Reports his mental health is not good, not going to school and hanging around bad friends. Reports the parents have separated and the father is on ICE.

14 December 2019	Father stopped and searched by police for suspected possession of stolen property. Notes he was riding a new bike and his son has been stealing a large number of bikes similar to the one the POI is riding. NIL found. Bike checked and did not return as stolen.	S17 NSW Police
2 January 2020	X stopped by police for suspected possession of illegal drugs with NIL found. Notes he is known for drug related activity, sighted with another known user and admitted to recent use.	S17 NSW Police
4 January 2020	X receives a move on direction from police. X is known to police who attend to check on him in light of the bushfire emergency. He is not home. They speak to the mother who advises he is with the Father. Notes X previously lit a fire in the back yard, putting the home at risk.	S17 NSW Police
5 January 2020	COPS event for X notes he has had previous involvement with police for fire related events. In response to the state-wide fire emergency police attend to speak to him. They speak with the mother noting X was not home.	S17 NSW Police
20 January 2020	Father tells caseworkers he is residing in a rental property in Suburb E with the child X. Relies on his mother to make sure X goes to school.	S22 Department of Justice.
27 January 2020	X searched by police for suspected possession of illegal drugs with NIL found. Police had responded to a break and enter and a sports club and found the young person in the vicinity.	S23 NSW Police
28 January 2020	The Father is searched by police for suspected possession of illegal drugs with NIL found. Time and location well known for drug supply and use of prohibited drugs. The Father was sighted in the immediate vicinity of well known drug locations.	S23 NSW Police
29 January 2020	X receives a move on direction. He and a group of other persons were harassing cars and pedestrians.	S23 NSW Police
5 February 2020	X searched by police for suspected possession of illegal drugs with NIL found. Police were patrolling known drug locations and note the child is known for drug and property crimes. The POIs were evasive in their answers to police. Police locate cannabis in another POIs handbag.	S23 NSW Police
1 March 2020	X listed as the POI in an assault incident, the father is listed as the next of kin. Unknown victim and a friend were sitting at the City C boat ramp when X and approximately nine others approached them. The victims tried to leave due to continued bullying by X and the group. The friend got away however the victim was blocked by X and the group. X made continual comments about how he assaulted the victim last year and said "kiss my shoes or you'll get worse than what happened last year." The victim refused but ultimately realised he was not leaving unless he succumbed to the threats as X continued threatening violence. The victim kissed his shoes and as he did so was kicked in the face by an unknown female. The victim was unsteady on his feet and tried to get away when X struck him on the face with a closed fist, causing him to become drowsy and shocked. Police contact the Father the following day. They failed to attend the station. They made subsequent attempts to contact them, calling and attending the residence but calls went unanswered and they refused to come to the door of the home. Police eventually spoke to the Father but continued to be unable to speak to the child. Police believed both the father and the child were unwilling to comply with police and ultimately proceed by way of charge.	S23 NSW Police
5 March 2020	X attend P shopping centre while banned.	S23 NSW Police
6 March 2020	X searched by police with NIL found.	S23 NSW Police
10 March 2020	Child X makes admissions to stealing items from Coles. Notes he was banned from the shopping centre at the time. Police observe messages on his phone from the mother looking for him. X is charged with trespass and stealing.	S23 NSW Police
15 March 2020	X attends P shopping centre while banned. COPS event notes he then fails to attend the police station on two occasions for a caution meeting and is charged.	S23 NSW Police
20 April 2020	The Father is searched by police for suspected possession of illegal drugs with NIL found. He admits to being a regular user.	S23 NSW Police
3 May 2020	The Father is searched by police for suspected possession of illegal drugs with NIL found. He is noted to be known to police for a wide array of offences, is currently on parole, known drug user, no reason to be out at that time of night (12.30am).	S23 NSW Police
8 May 2020	Actual breach of AVO incident. The Father is the POI and the victim is an unknown person. The Father is ultimately released without charge.	S23 NSW Police
19 May 2020	The Father is searched by police for suspected possession of illegal drugs. Sighted leaving a drug location. NIL found.	S23 NSW Police
28 May 2020	X searched by police with NIL found. Suspected stealing.	S23 NSW Police
Early 2020	The Mother has not had any contact with the Father since this time. The Mother states Y has not spent time with the father since separation and is progressing very well. X's arrangements are not clear and he appears to be spending time and at times living with the Father. The Mother states X is currently known to police, is aggressive towards her and his behaviour has deteriorated considerably since spending any time with the Father. X is facing charges in Children's Court to be heard in mid 2020 .	M1 paragraph 48, 52, 53