Vaughan & Vaughan (No 2)

Case [2025] FedCFamC1F 129

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Vaughan & Vaughan (No 2) [2025] FedCFamC1F 129

File number(s): ADC 5154 of 2022
Judgment of: KARI J
Date of judgment: 28 February 2025
Catchwords:

FAMILY LAW – CHILDREN – Interlocutory proceedings – Where there are five children – Where three of the children have high needs – Where there are orders for time spending between the children and the father to take place at a Children’s Contact Service – Where the father seeks to vary the time spending arrangements for the children and seeks equal time with four of the children – Where the father has not complied with orders for time spending – Where each parent has concerns for the other parent’s parenting capacity – Where the father was self-represented and during his submissions made admissions of instances of family violence – Where it does not appear that there has been a change that would warrant the Court revisiting the previously ordered parenting arrangements – Orders made for the father to spend time with the children at the Children’s Contact Service

FAMILY LAW – PROPERTY – Where the Court’s decision in relation to the mother’s interlocutory financial application is reserved – Where the mother seeks to reopen the financial aspect of the interlocutory proceedings – Where reasons continue to be reserved pending the outcome of the application to reopen  
Legislation:

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 64B

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.33, 1.34, 2.18, 5.08, 7.18, 7.23, 10.26, 10.27, 12.06, Ch 7, Div 7.1.5
Cases cited:

Deiter & Deiter [2011] FamCAFC 82

Eccheli & Eccheli [2024] FedCFamC1F 234

Fiedler & Vitale [2025] FedCFamC1A 7

Goode & Goode (2006) FLC 93-286

Hall & Hall (1979) FLC 90-713

Vaughan & Vaughan (No 2) [2024] FedCFamC2F 371 Vaughan & Vaughan (No 3) [2024] FedCFamC2F 371

Vaughan & Vaughan [2023] FedCFamC2F 1682

Division: Division 1 First Instance
Number of paragraphs: 120
Date of hearing: 28 November 2024
Place: Adelaide
Counsel for the Applicant: Mr Tredrea
Solicitor for the Applicant: Camatta Lempens Pty Ltd
The Respondent: Litigant in person
Counsel for the Independent Children's Lawyer: Mr Hemsley
Solicitor for the Independent Children's Lawyer: Legal Services Commission of South Australia

ORDERS

ADC 5154 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:

MS VAUGHAN

Applicant
AND:

MR VAUGHAN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

KARI J

DATE OF ORDER:

28 FEBRUARY 2025

THE COURT ORDERS THAT:

Parenting

1.That until further order:

(a)The father shall spend supervised time with the children W born 2008, X born 2010, Y born 2012 and Z born 2012 (collectively referred to as “the children”) at the FF Children’s Contact Service, Suburb R (“Suburb R CCS”) in their “on‑site unsupervised scheme” on the following basis:

(i)Time spending shall take place at dates and times as can be accommodated by the service, provided however that such time occur each alternate weekend and that it not exceed…

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AGLC
Vaughan & Vaughan (No 2) [2025] FedCFamC1F 129
Case
[2025] FedCFamC1F 129
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Vaughan & Vaughan (No 2) involved a dispute over parenting arrangements and financial matters between Ms Vaughan and Mr Vaughan. The couple, married in 2006, have five children, three of whom have special needs. The father sought to vary the time-spending arrangements for the children and sought equal time with four of the children. The father did not comply with previous orders for time-spending and admitted instances of family violence during his submissions. The court had to decide whether the circumstances had changed to warrant a revisit of the previously ordered parenting arrangements.

The court found that there had not been a change in circumstances that would warrant revisiting the previously ordered parenting arrangements. Given the father's non-compliance and the admissions of family violence, the court maintained the existing orders for supervised time-spending at a Children’s Contact Service. The court also restrained the father from discussing the proceedings with the children and from recording any appointments with experts. The court ordered the preparation of a family report by a Court Child Expert or Family Consultant to address the children's views, the impact of various orders on the children and their relationships with both parents, and any other matters considered important for the children's welfare. The court dismissed the father's application for equal time with four of the children and referred the matter to the pool of matters awaiting trial. The mother's application to reopen the interlocutory financial proceedings was listed for an interim hearing.

The court ordered that the father spend supervised time with the children at the designated service, with specific conditions regarding the frequency and duration of the visits. The father was further restrained from discussing the proceedings with the children and from recording any expert appointments. The parties were enjoined from discussing the proceedings with the children or permitting others to do so. The Independent Children’s Lawyer was granted liberty to relist the parenting proceedings if the contact service ceased to facilitate the visits. The court also ordered the preparation of a family report by a designated expert, with specific instructions regarding the content and dissemination of the report. The court ordered the parties to provide their contact details and attend interviews with the expert as directed. The mother’s application to reopen the financial aspect of the interlocutory proceedings was listed for an interim hearing.

Orders

Orders of the court

ADC 5154 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS VAUGHAN

Applicant

AND:

MR VAUGHAN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

KARI J

DATE OF ORDER:

28 FEBRUARY 2025

THE COURT ORDERS THAT:

Parenting

1. That until further order:

(a) The father shall spend supervised time with the children W born 2008, X born 2010, Y born 2012 and Z born 2012 (collectively referred to as “the children”) at the FF Children’s Contact Service, Suburb R (“Suburb R CCS”) in their “on‑site unsupervised scheme” on the following basis:

(i) Time spending shall take place at dates and times as can be accommodated by the service, provided however that such time occur each alternate weekend and that it not exceed a period of two hours on each occasion;

(ii) The parties shall both comply with the prescribed terms of the service;

(iii) The children are not to leave the premises of the service; and

(iv) The father is restrained by injunction from discussing these proceedings, or any issue arising in the proceedings with the children at any such time spending.

2. The father is restrained by injunction from recording or transcribing in any way any appointments he attends with any expert instructed in the parenting proceedings (including but not limited to any Psychiatrist, Court Child Expert or independent Report Writer), and/or from permitting or facilitating any other person doing so on his behalf.

3. The parties are each restrained by injunction from discussing these proceedings or any issue arising in these proceedings with the children or from permitting any other person to do so.

4. Liberty is granted to the Independent Children’s Lawyer (“ICL”) to have the parenting proceedings relisted in the event that the ICL is informed that the Suburb R CCS is no longer willing to facilitate the father’s time spending with the children.

5. Pursuant to s 62G(2) of the Family Law Act 1975 (Cth), the parties and the children V born 2008, W born 2008, X born 2010, Z born 2012 and X born 2012 are to attend upon a Court Child Expert (practicing under their appointment as a family consultant), or a Family Consultant appointed under Regulation 7, nominated by the Court Children’s Service (referred to as the Family Consultant) NOTING THAT the Court shall appoint a Court Child Expert/Family Consultant who is a clinical psychologist, for the purposes of the preparation of a family report, such report to be released at the first available date and that the family report address:

(a) any views expressed by the children;

(b) the matters set out in ss 60CC, 61D(3) and 61DAA of the Family Law Act 1975 (Cth);

(c) the impact upon the children and upon the children’s relationship with the mother if the Court made orders as sought by the father;

(d) the impact upon the children and upon the children’s relationship with the father if the Court made orders as sought by the mother;

(e) any other matters that the Court Child Expert/Family Consultant considers important to the welfare or best interests of the children.

6. Not later than 4.00 pm on 7 March 2025 the parties must provide their contact telephone numbers and email addresses to …@....

7. Each party will do all things necessary to ensure they each and with the children referred to in Order 5 attend upon the Family Consultant pursuant to Section 62G(3A), unless otherwise determined by the Court Child Expert that Section 62G(3B) applies.

8. The parties and the children referred to in Order 5 shall attend for interviews at such times, dates and places, and by such means as the Court Child Expert/Family Consultant may advise.

9. The Court Child Expert/Family Consultant shall be at liberty to inspect any material filed by the parties, together with orders made and reasons for judgment delivered in these proceedings, including but not limited to the reasons of Judge Kirton delivered 21 December 2023, the reasons of Judge Dickson delivered 27 March 2024 and these reasons delivered 28 February 2025.

10. Upon the family report being provided to the Court, the Court will release the report and provide a copy to each party (or if represented, the party’s lawyer) and to any Independent Children’s Lawyer in the proceedings.

11. Unless a party objects in writing within 14 days of the date of releasing the family report, a copy of the family report may further be provided to the following, if the Court is requested to do so for a purpose related to the care, welfare or development of the children:

(a) a Children’s Court;

(b) a child protection authority;

(c) a State or Territory legal aid authority; and

(d) a convener of any legal dispute resolution conference.

12. Unless otherwise ordered, no person shall release the family report, or provide access to the family report to any other person.

13. The parties’ competing interlocutory parenting applications do otherwise stand dismissed.

Procedural

14. The proceedings be referred to the pool of matters awaiting trial.

15. The Application in a Proceeding filed by the mother on 28 February 2025, to reopen the interlocutory financial proceedings, be listed for interim hearing (1 hour allowed) on 23 April 2025 at 10:00 am.

16. The mother forthwith effect service on the father of the Application in a Proceeding filed 28 February 2025 together with the affidavit in support.

17. No later than 4:00 pm on 28 March 2025 the father do file and serve a Response to the said Application in a Proceeding together with one affidavit in support of the same.

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

From my perspective Her Honour’s observations made then, remain starkly accurate today, some two years from when the wife first commenced proceedings, and now with some 170 documents consuming the court file and 39 orders made.BACKGROUND The parties to the proceedings met in 2006, began residing together thereafter that same year, and were married later again that same year. There are five children of the parties’ relationship:(a)W born 2008. W has a disability and is non-verbal. He uses an iPad to communicate. He is in receipt of funding pursuant to the National Disability Insurance Scheme (“NDIS”).(b)V born 2008.(c)X born 2010. He has a medical condition and attention deficit hyperactivity disorder (“ADHD”).(d)Y born 2012.(e)Z born 2012. Z lives with autism. She also receives funding from the NDIS. The date of the parties’ separation is in dispute as either June 2021 or October/November 2022. It is not however in dispute that the parties physically separated when the wife together with the children vacated the former matrimonial home at Suburb C on 31 December 2022. It is also not in dispute that until time spending between the children and the father commenced in April 2024 pursuant to orders made by Judge Kirton on 21 December 2023 and the father did not spend time with the children following the physical separation of the parties. A Divorce Order was made in mid-2024. There is also no dispute between the parties that the mother re-partnered with a Mr O in or around December 2022. It is not clear to the Court when the mother and Mr O separated, however from the submissions of the father during the present hearing, he variously referred to Mr O as the mother’s “ex” partner. It is also an agreed fact that the father has remained living in the former matrimonial home at Suburb C since separation. Divorce proceedings were commenced by the wife on 11 December 2022 but ultimately withdrawn. The current proceedings were commenced by the wife when she filed an Initiating Application on 16 February 2023 seeking both interlocutory and final orders for the adjustment of property and in relation to the parenting arrangements for the children. The father filed a Response on 8 May 2023 in which he too sought interlocutory and final orders regarding both the adjustment of property and the parenting arrangements of the children. The first hearing of significance in the proceedings took place before a Senior Judicial Registrar on 16 August 2023 and continued on 23 August 2023, with judgment reserved. Orders ultimately made on 29 August 2023 which provided as follows:1.The children [V] born […] 2008, [W] born […] 2008, [X] born […] 2010, [Z] born […] 2012 and [Y] born […] 2012 (“the children”) live with the mother.2.The child [V] spend time with and communicate with the father in accordance with her wishes.3.The children [W], [X], [Z] and [Y] be at liberty to communicate with the father by telephone or FaceTime in accordance with their wishes.4.Both parties are restrained and an injunction is hereby granted restraining them from denigrating belittling, abusing, intimidating, harassing and/or criticising the other party and/or members of that party’s family to or in the presence of the children or allowing any other person to do so.5.The mother is restrained and an injunction is hereby granted restraining the mother from exposing the children to family violence within her household.6.The father is restrained and an injunction is hereby granted restraining the father from attending at the children’s school, sporting events and/or extra-curricular activities that the children are enrolled in or from allowing any other person to attend on his behalf.7.The parties do communicate via the parenting application “AppClose” with respect to the care, welfare and development of the children.8.The mother do keep the father informed of issues in respect of health and educational matters that relate to the children and do notify the father as soon as practicable in the case of a medical emergency.9.Both parties be at liberty to contact any educational institution, health professional and allied health professional that the children attend upon in order to receive all information regarding the children’s education and health and any other information with which parents are ordinarily able to receive.10.Forthwith, the father do all things necessary to undertake behavioural change therapy with either [Mr HH] or [Ms JJ] from [KK Services] or [Mr LL] from [FF Service] for no less than six (6) therapy sessions.11.The father shall obtain a report addressing his progress and participation in the therapy and file and serve a copy of the report within seven (7) days of the report being obtained by him.12.The father shall provide a copy of the Child Impact Report to the treating therapist engaged from [KK Services] or [Mr LL] from [FF Service].Dispute Resolution Conference13.The parties and any lawyers on the record attend a Family Dispute Resolution Conference at the Legal Service Commissions on 5 December 2023 at 9:30am ACDT.14.In the event the parties are seeking legal aid funding to attend the Conference, they are required to forward a request for an extension of funding to the relevant assignments officer at the Legal Services Commission within forty-eight (48) hours of the date of this Order.15.Each party exchange proposals for Final Orders at least seven (7) days prior to the Family Dispute Resolution Conference.16.Within seven (7) days of this Order, the solicitors for the parties each forward to the Legal Services Commission, Family Dispute Resolution Unit with the following documents:a. a copy of this Order; andb.the contact details of their client, including current residential/postal address and telephone details.17.The solicitors for the parties forward to the Legal Services Commission, Family Dispute Resolution Unit, at least (7) seven days prior to the date of the Conference a copy of all documents filed with the Court on behalf of their respective clients.Future Court Event18.The matter is adjourned before Judicial Registrar Schirripa in the Evatt List (by Microsoft Teams) on 26 January 2024 at 3:00pm for mention.19. All extant interim applications are dismissed.

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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