FEDERAL MAGISTRATES COURT OF AUSTRALIA
| VAUGHN & DOUGLAS | [2011] FMCAfam 773 |
| FAMILY LAW – Father restrained from contacting the mother or child – serious acts of violence and abuse – order for sole parental responsibility – violence and abuse precipitated by regular drug use. |
| Family Law Act 1975, ss.68B, 60B, 61DA, 4, 60CA, 65DAA, 60CC, 13C Births, Deaths and Marriages Act 1995, ss.28, 29 International Convention on the Rights of the Child |
| B & B (1993) FLC 92 – 357 Pitken & Hendry [2008] FamCA 186 Merryman (1993) 116 FLR 87 Jaeger (1994) FLC 92-492 Blanch & Crawford (1999) FLC 92-837 A and A (1998) FLC 92-800 M & M (2000) FLC 93-006 Oakley & Cooper [2009] FamCAFC 133 |
| Applicant: | MS VAUGHN |
| Respondent: | MR DOUGLAS |
| File Number: | PAC 1507 of 2011 |
| Judgment of: | Harman FM |
| Hearing date: | 18 July 2011 |
| Date of Last Submission: | 18 July 2011 |
| Delivered at: | Parramatta |
| Delivered on: | 18 July 2011 |
REPRESENTATION
| Solicitors for the Applicant: | O’Connell Solicitors |
ORDERS
Ms Vaughn shall have sole parental responsibility for the child, [X] born [in] 2010.
[X] shall live with her mother.
Pursuant to s.68B of the Family Law Act 1975 (the Act) [X]’s father,
Mr Douglas, shall be and his hereby restrained from:(a)Contacting Ms Vaughn or [X] by any means whatsoever, including through third parties and shall further be restrained from endeavouring to have any third person or agency contact Ms Vaughn on his behalf or for any purpose.
(b)Approaching within one kilometre of Ms Vaughn and/or [X].
(c)Attending at any place of residence, employment or education of Ms Vaughn or [X].
(d)Coming into contact with, or attempting to come into contact with [X] at any time or in any fashion save as may be authorised by subsequent orders made under the Act.
Ms Vaughn shall be and is hereby authorised to do all things, sign all documents and give all consents and authorities necessary to cause and effect a change of [X]’s surname for all purposes, including as recorded upon her birth certificate, from Douglas to [C].
Pursuant to ss.28 and 29 of the Births, Deaths and Marriages Registration Act 1995 the Registrar of the Registry of Births, Deaths and Marriages, New South Wales is requested to give immediate effect to any application for change of name as may be lodged by [X]’s mother and noting that she is the sole person with parental responsibility for [X].
IT IS NOTED that publication of this judgment under the pseudonym Vaughn & Douglas is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PARRAMATTA |
PAC 1507 of 2011
| MS VAUGHN |
Applicant
And
| MR DOUGLAS |
Respondent
REASONS FOR JUDGMENT
Before the court today is an application for parenting orders with respect to a child [X], who is very young, born [in] 2010 and accordingly only recently turned one year of age.
The parties to the proceedings are [X]’s parents, Ms Vaughn, who is herself a very young woman having…
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- AGLC
- Vaughn and Douglas [2011] FMCAfam 773
- Case
- [2011] FMCAfam 773
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide included the allocation of parental responsibility for [X], the imposition of protective orders under the Family Law Act 1975 to safeguard Ms Vaughn and [X] from Mr Douglas, and the procedural request to amend [X]'s surname. The court needed to consider evidence regarding Mr Douglas's past behaviour, which raised concerns about his suitability as a parent and the safety of Ms Vaughn and [X].
In its reasoning, the court found that Mr Douglas's history of violence and controlling behaviour made him an unsuitable person to share parental responsibility. The court detailed instances of past domestic violence, coercive control, and threats, which led to the conclusion that sole parental responsibility should be awarded to Ms Vaughn. The court also found that protective orders were necessary to ensure the safety of Ms Vaughn and [X], and thus imposed stringent restrictions on Mr Douglas's contact with them. Additionally, the court authorised Ms Vaughn to change [X]'s surname to protect her identity and privacy.
The final orders included awarding Ms Vaughn sole parental responsibility for [X], mandating that [X] live with her mother, and imposing several protective orders against Mr Douglas, such as prohibiting contact and restricting his proximity to Ms Vaughn and [X]. Furthermore, the court authorised Ms Vaughn to change [X]'s surname and requested the Registrar to facilitate the name change process.
Orders
Orders of the court
1.
Ms Vaughn shall have sole parental responsibility for the child, [X] born [in] 2010.
2.
[X] shall live with her mother.
3.
Pursuant to s.68B of the Family Law Act 1975 (the Act) [X]’s father,
Mr Douglas, shall be and his hereby restrained from:
(a) Contacting Ms Vaughn or [X] by any means whatsoever, including through third parties and shall further be restrained from endeavouring to have any third person or agency contact Ms Vaughn on his behalf or for any purpose.
(b) Approaching within one kilometre of Ms Vaughn and/or [X].
(c) Attending at any place of residence, employment or education of Ms Vaughn or [X].
(d) Coming into contact with, or attempting to come into contact with [X] at any time or in any fashion save as may be authorised by subsequent orders made under the Act.
4.
Ms Vaughn shall be and is hereby authorised to do all things, sign all documents and give all consents and authorities necessary to cause and effect a change of [X]’s surname for all purposes, including as recorded upon her birth certificate, from Douglas to [C].
5.
Pursuant to ss.28 and 29 of the Births, Deaths and Marriages Registration Act 1995 the Registrar of the Registry of Births, Deaths and Marriages, New South Wales is requested to give immediate effect to any application for change of name as may be lodged by [X]’s mother and noting that she is the sole person with parental responsibility for [X].
Background
Background to the litigation
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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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