FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Verni & Verni [2024] FedCFamC2F 907
File number(s): MLC 888 of 2021 Judgment of: JUDGE STEWART Date of judgment: 18 July 2024 Catchwords: FAMILY LAW – PARENTING – Property matters settled by consent during trial – High conflict relationship – Significant history of family violence – Children rejecting Father – Extensive family therapy ineffective – Whether children reacting to own lived experience – Consideration of how to interpret video recordings – Father seeks change of residence – Eldest child self-harming at suggestion of time with Father – Further efforts to repair children’s relationship with Father unlikely to succeed, likely to be distressing to children – Forced change of residence unlikely to succeed, likely to be distressing to children – Importance of finality – No time between children and Father – Children live with Mother – Cards, gifts and letters Legislation: Family Law Act 1975 (Cth) ss 60B(1), 60B(2), 60CC, 60CC(2), 60CC(3), 61DA, 61DA(2), 67Z, 69ZW; Part VII Cases cited: Adamson & Adamson [2014] FamCAFC 232; [2014] FLC 93-622
Hall & Hall [1979] FamCA 73; [1979] FLC 90-713; (1979) 5 Fam LR 609
In the Marriage of Harris Fam LN No 33; (1977) 29 FLR 285; [1977] FLC 90-276
In the Marriage of Wood (1976) 2 Fam LR 11,182; 11 ALR 657; [1976] FLC 90-098 at 75,447
Jones v Dunkel [1959] HCA 8; [1959] ALR 367; (1959) 101 CLR 298; (1959) 32 ALJR 395
Division: Division 2 Family Law Number of paragraphs: 337 Date of hearing: 30 January 2023 to 1 February 2023;
7-9 August 2023;
28 August 2023Place: Melbourne Counsel for the Applicant: Mr Kanarev Solicitor for the Applicant: Le Brun & Associates Counsel for the Respondent: Ms McCreadie Solicitor for the Respondent: Aitken Partners Pty Ltd Counsel for the Independent Children's Lawyer: Ms Paull Solicitor for the Independent Children's Lawyer: Danielle Webb Lawyer ORDERS
MLC 888 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR VERNI
Applicant
AND: MS VERNI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STEWART
DATE OF ORDER:
18 JULY 2024
THE COURT ORDERS THAT:
1.All previous parenting orders for the children X born in 2013 and Y born in 2017 ("the children") be and are hereby discharged.
2.The Mother have sole parental responsibility for the children.
3.The children live with the Mother.
4.The children spend no time with the Father, unless the Mother agrees for them to do so (which agreement shall be considered in light of any recommendations made by the children's (or either of their) medical professionals at any point in time).
5.The Father be at liberty to send the children letters, cards and gifts for the children's birthdays and special days, which shall be provided to the children by the Mother PROVIDED ALWAYS THAT the content is appropriate.
6.Within 28 days of the date of these orders, the Mother nominate to the Father a post office box address where the Father…
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CaseChat Overview and Summary
The court was required to consider several legal issues, including whether the children's rejection of their father stemmed from their own lived experiences, how to interpret video recordings provided as evidence, and the implications of forcing a change of residence on the children. The court also had to weigh the importance of finality in the children's lives against the father's desire for a continued relationship. Ultimately, the court determined that any further efforts to repair the children's relationship with their father were unlikely to succeed and would likely be distressing to them.
After considering the evidence and submissions, the court concluded that the best interests of the children would be served by maintaining the status quo. The children would continue to live with their mother, with no time spent with their father unless the mother agreed. The father was permitted to send letters, cards, and gifts to the children on special occasions, subject to the mother's consent and the appropriateness of the content. The court also ordered that the mother provide the father with unredacted copies of the children's school reports and keep him informed of any serious medical conditions or treating health professionals. The court emphasised the importance of finality and the need to protect the children from further distress.
Orders
Orders of the court
MLC 888 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR VERNI
Applicant
AND:
MS VERNI
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE STEWART
DATE OF ORDER:
18 JULY 2024
THE COURT ORDERS THAT:
1. All previous parenting orders for the children X born in 2013 and Y born in 2017 ("the children") be and are hereby discharged.
2. The Mother have sole parental responsibility for the children.
3. The children live with the Mother.
4. The children spend no time with the Father, unless the Mother agrees for them to do so (which agreement shall be considered in light of any recommendations made by the children's (or either of their) medical professionals at any point in time).
5. The Father be at liberty to send the children letters, cards and gifts for the children's birthdays and special days, which shall be provided to the children by the Mother PROVIDED ALWAYS THAT the content is appropriate.
6. Within 28 days of the date of these orders, the Mother nominate to the Father a post office box address where the Father may send the children's letters, cards and gifts in accordance with order 5 hereof.
7. The Mother provide to the Father, by email, unredacted copies of the children's school reports.
8. The Mother advise the Father of any serious medical conditions suffered by the children or either of them.
9. The Mother keep the Father advised of any treating psychological and/or counselling health professionals for the children or either of them.
10. The Father be at liberty to provide his contact details to any treating psychological and/or counselling health professionals for the children or either of them, to enable the children to make contact with the Father should the children wish to do so.
11. The parties be at liberty to provide a copy of these reasons and orders to any treating medical professional for themselves or the children.
12. The parties be at liberty to provide a copy of these reasons and orders to the Magistrates' Court of any state or territory in which relevant proceedings occur.
13. The parties be at liberty to provide a copy of these reasons and orders to the Children's Court of Victoria.
14. Within seven days of the date of these orders (or such other period as agreed between the Independent Children's Lawyer and the Mother's solicitor), the Independent Children's Lawyer meet with the children to explain this decision to them.
15. The Mother do all things necessary to facilitate the meeting between the Independent Children's Lawyer and the children in accordance with order 14 hereof.
16. Upon conclusion of the meeting with the children in accordance with order 14 hereof, the appointment of the Independent Children's Lawyer be discharged.
17. Pursuant to sections 65DA(2) and 62B of the Family Law Act 1975 (Cth), 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.
18. All extant parenting applications are dismissed and the matter removed from the list of pending cases maintained by the Court.
AND THE COURT NOTES THAT:
A. The ability of the children to contact the Father pursuant to order 10 hereof is subject to the Mother’s consent.
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
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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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