FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Walstrom & Dupont [2024] FedCFamC2F 274
File number(s): NCC 1612 of 2017 Judgment of: JUDGE BETTS Date of judgment: 1 March 2024 Catchwords: FAMILY LAW – Parenting – two male children aged 11 and 9 – second round of parenting proceedings – where the parties consented to final orders in December 2018 – where the parties had difficulty implementing the final orders – where the parties’ communication was unproductive – where the two boys where being dragged into the conflict by both parents – where the relationship between the father and the children began to break down in part due to disclosures of physical abuse in the father’s care by the children – where the children became resistant to spending time and communicating with the father – where the children are now estranged from the father and fearful of him – where the Court considers there would be an emotional or psychological risk to the children if they were required to spend time with the father – best interests of the children. Legislation: Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth), Part VII
Cases cited: Isles & Nelissen (2022) FLC 94-092
M & M (1988) FLC 91-979
Division: Division 2 Family Law Number of paragraphs: 183 Date of last submission/s: 3 November 2023 Date of hearing: 14 & 15 August 2023 & 3 November 2023 Place: Newcastle Counsel for the Applicant: Mr Bithrey Solicitors for the Applicant: Conditsis Lawyers Counsel for the Respondent: Mr Vassili Solicitors for the Respondent: Michael Vassili Barristers & Solicitors Counsel for the Independent Children’s Lawyer: Mr Mooney Solicitors for the Independent Children’s Lawyer: Ashby Family Solicitors ORDERS
NCC 1612 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS WALSTROM
Applicant
AND: MR DUPONT
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
1 MARCH 2024
THE COURT ORDERS THAT:
1.All prior parenting Orders be discharged.
2.The Mother have sole parental responsibility for the children X born in 2012 and Y born in 2014 (“the children”).
3.The Mother shall promptly inform the Father in writing of any major long term decisions that she makes for the children.
4.Whenever an issue relating to the long-term welfare of the children arises, the Mother shall, other than in a genuine emergency, contact the Father in writing and:
(a)Identify the issue;
(b)Invite the Father to respond to any proposal within a stated and reasonable period;
(c)Advise the Father of the decision she has taken.
5.The children live with the Mother.
6.The children spend time and communicate with the Father as determined by the Mother. The Father is at liberty to send letters, cards and gifts to the children and the Mother will pass them on the children if she considers it appropriate to do so. If she considers it inappropriate to do so, she is to advise the Father in writing.
7.The Mother and the Father…
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- Case
- [2024] FedCFamC2F 274
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CaseChat Overview and Summary
The legal issues the court had to decide included the determination of the best interests of the children, given the breakdown of their relationship with the father, and the implementation of orders that would protect the children while allowing for their continued relationship with their father. The court also needed to address the parents' inability to communicate effectively and the impact of their conflict on the children.
In reaching its decision, the court considered the welfare and best interests of the children as the paramount concern. The court was satisfied that there was a significant risk of emotional and psychological harm to the children if they were required to spend time with their father. Consequently, the court discharged all prior parenting orders and granted sole parental responsibility to the mother. The court also imposed specific conditions on the father's contact with the children, including an injunction preventing him from approaching or coming within 100 metres of the children without the mother's consent. The court's orders aimed to protect the children from potential harm while allowing for a degree of communication and contact with their father, subject to the mother's discretion.
The court's final orders included the discharge of all prior parenting orders, sole parental responsibility for the mother, specific conditions for the father's contact with the children, and detailed provisions for communication and information sharing between the parents. The orders also included provisions for the children's medical care, school reports, and communication with medical and educational professionals.
Orders
Orders of the court
NCC 1612 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS WALSTROM
Applicant
AND:
MR DUPONT
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE BETTS
DATE OF ORDER:
1 MARCH 2024
THE COURT ORDERS THAT:
1. All prior parenting Orders be discharged.
2. The Mother have sole parental responsibility for the children X born in 2012 and Y born in 2014 (“the children”).
3. The Mother shall promptly inform the Father in writing of any major long term decisions that she makes for the children.
4. Whenever an issue relating to the long-term welfare of the children arises, the Mother shall, other than in a genuine emergency, contact the Father in writing and:
(a) Identify the issue;
(b) Invite the Father to respond to any proposal within a stated and reasonable period;
(c) Advise the Father of the decision she has taken.
5. The children live with the Mother.
6. The children spend time and communicate with the Father as determined by the Mother. The Father is at liberty to send letters, cards and gifts to the children and the Mother will pass them on the children if she considers it appropriate to do so. If she considers it inappropriate to do so, she is to advise the Father in writing.
7. The Mother and the Father will notify the other in writing as soon as reasonably practicable of any significant trauma, illness, injury or car accident suffered by the children requiring medical treatment or hospitalisation or other treatment whilst in their respective care and provide details of such illness, injury, medical treatment, or hospitalisation to the other parent.
8. Within twelve (12) hours of the children attending on a professional to receive medical care, inclusive of medical, dental, psychological and other therapeutic treatment, the parent shall inform the other parent of the treating professionals name, the date of treatment, presenting ailment, details of treatment plan and any subsequent medication prescribed.
9. Both parties are permitted to provide a copy of these Orders to the children’s general practitioner, paediatrician, treating medical professionals or other allied health providers, such as counsellors, that the children attend upon from time to time and thereafter the Orders shall act as an authority for the said professionals and or services to liaise directly with both parents and, at that parent’s own expense, provide information, including any reports held by them, as to any diagnosis/treatment of the children.
10. Each parent shall forthwith do all acts and things necessary to authorise any schools (or preschools) attended by each of the children to send directly to the other parent, at the other parent’s expense (for the purpose of this Order a copy of these Orders is sufficient authorisation):
(a) A copy of each child’s school reports, as they become available;
(b) A copy of each child’s school photographs, if requested and paid for by the requesting parent; and
(c) A copy of any notice or newsletter parents would receive from the school as they become available.
11. That unless the Father has the Mother’s written consent to do so, pursuant to section 68B of the Family Law Act 1975, an injunction is granted restraining the Father from approaching the children or coming within one-hundred (100) metres of, entering, remaining in or removing the children from a place of residence, employment or education of the children or the Mother, including any extracurricular activities attended by the children or any person in whose care the Mother has placed the children.
12. The Mother is at liberty to provide a copy of this Order to the children’s schools, to any extra-curricular activity provider, or to any other person referred to in Order 11 herein.
NOTATION:
A. For the continuity of medical care, as far as is reasonably practicable, the Mother does not oppose the children attending B Medical Centre, C Street, Suburb D, NSW for all General Practitioner Medical Centre.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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