Vaughn and Douglas - [2011] FMCAfam 773

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Vaughn and Douglas

Details

AGLC: Vaughn and Douglas [2011] FMCAfam 773
Case: [2011] FMCAfam 773
Decision Date: 18 July 2011

CaseChat Overview and Summary

Vaughn and Douglas was a family law case heard by the Federal Circuit Court, where the primary concern was the allocation of parental responsibility and the safety of a child, [X], born in 2010. The dispute centred on whether [X]'s mother, Ms Vaughn, should be granted sole parental responsibility, and if certain protective orders were necessary to ensure [X]'s safety from her father, Mr Douglas.

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

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].

(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].

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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