FAMILY COURT OF AUSTRALIA
| WANG & DENNISON (NO. 2) | [2009] FamCA 1251 |
| FAMILY LAW – CHILDREN – With whom a child lives and spends time – unsubstantiated sexual abuse allegations against father by mother – where interim orders allowed for the reunification of father with children – where reunification was not successful and children would be placed in emotional and physical harm if orders were made for time with the father |
| APPLICANT: | Ms Wen |
| RESPONDENT: | Mr Dennison |
| INDEPENDENT CHILDREN’S LAWYER: | Septimus Jones & Lee |
| FILE NUMBER: | MLF | 2835 | of | 2004 |
| DATE DELIVERED: | 18 December 2009 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Bennett J |
| HEARING DATE: | 16 July 2009 and 24 August 2009 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms D Weiner |
| SOLICITOR FOR THE APPLICANT: | Perry Weston |
| COUNSEL FOR THE RESPONDENT: |
| SOLICITOR FOR THE RESPONDENT: | In Person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER | Ms M Glaister |
Orders
IT IS ORDERED:
That the mother and father each have parental responsibility for the children S born … February 1998 and N born … March 2000.
That the children live with the wife.
That the father be at liberty to communicate with the children as follows:-
(a)By way of letter to each of the children on each of the children’s birthdays and at Christmas and Easter in each year, such correspondence to be sent by prepaid post to their place of residence; and
(b)As may otherwise be requested by the children from time to time.
That the mother and the father do all acts and things necessary for the children to attend upon Mr A or such other family consultant as is nominated by the Manager or a Deputy Manager of Child Dispute Services of this Registry of the Court for the purpose of providing the father with an opportunity to assure the children, either directly or through or in the company of Mr A that, if either or both of the children wish to see the father or to spend time with him in the future, he will always welcome them and that, in the meantime, he will keep track of their progress at school and write to them occasionally.
That the children attend upon the family consultant at this Registry in accordance with the previous order on Monday 4 January 2010 at 2.00 p.m. and whether the father sees the children in person is a matter within the sole discretion of the family consultant having regard to the family consultant’s assessment of the children’s wellbeing at the time.
That the mother do all acts and things necessary to keep the father informed of the residential address of the children and of the name and address of the school at which each child is from time to time enrolled to attend and by not later than 12.00 noon on Monday 21 December 2009 advise the independent children’s lawyer of where each child is enrolled to attend school in 2010.
That the mother do all acts and things necessary to keep…
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- Wang & Dennison (No 2) [2009] FamCA 1251
- Case
- [2009] FamCA 1251
- Decision Date
CaseChat Overview and Summary
The court was required to determine the extent of parental responsibility to be afforded to each parent, the living arrangements for the children, and the nature and extent of the father's communication and contact with them. Further issues included the father's access to information regarding the children's education and wellbeing, and the role of a family consultant in facilitating potential future contact.
Bennett J ordered that both the mother and father share parental responsibility for the children, who were to live with the wife. The father was granted liberty to communicate with the children through letters on specific occasions and as otherwise requested by the children. The court also made detailed orders regarding the children's attendance upon a family consultant to facilitate the father's opportunity to assure the children of his continued welcome and interest in their lives. The father was to be kept informed of the children's residential and school details, and the mother was to inform him of any medical emergencies. The father was also at liberty to contact schools for progress reports and to receive information customarily provided to parents, with the discretion of school officers to convey any interest from the children in seeing or communicating with him. The independent children's lawyer's role was to convey specific information to the schools regarding the father's parental responsibility and entitlement to school reports. The court noted that there was no order requiring the children to spend time with the father.
Orders
Orders of the court
IT IS ORDERED:
1.
That the mother and father each have parental responsibility for the children S born … February 1998 and N born … March 2000.
2.
That the children live with the wife.
3.
That the father be at liberty to communicate with the children as follows:-
(a) By way of letter to each of the children on each of the children’s birthdays and at Christmas and Easter in each year, such correspondence to be sent by prepaid post to their place of residence; and
(b) As may otherwise be requested by the children from time to time.
4.
That the mother and the father do all acts and things necessary for the children to attend upon Mr A or such other family consultant as is nominated by the Manager or a Deputy Manager of Child Dispute Services of this Registry of the Court for the purpose of providing the father with an opportunity to assure the children, either directly or through or in the company of Mr A that, if either or both of the children wish to see the father or to spend time with him in the future, he will always welcome them and that, in the meantime, he will keep track of their progress at school and write to them occasionally.
5.
That the children attend upon the family consultant at this Registry in accordance with the previous order on Monday 4 January 2010 at 2.00 p.m. and whether the father sees the children in person is a matter within the sole discretion of the family consultant having regard to the family consultant’s assessment of the children’s wellbeing at the time.
6.
That the mother do all acts and things necessary to keep the father informed of the residential address of the children and of the name and address of the school at which each child is from time to time enrolled to attend and by not later than 12.00 noon on Monday 21 December 2009 advise the independent children’s lawyer of where each child is enrolled to attend school in 2010.
7.
That the mother do all acts and things necessary to keep the father informed in writing of any medical emergency or serious medical condition of the children or either of them and of the name and address of any hospital to which the children, or either of them, are admitted for treatment.
8.
That the father advise the mother, the children and the proper officer of any school at which the child attends of any change to his residential and contact address.
9.
That for the avoidance of doubt, the father is at liberty to contact the proper officer of any school at which the children attend and to obtain progress reports as to the child’s education and her wellbeing incidental to her education and the proper officer of any such school may at his or her discretion convey to the father any expression of interest on the part of either girl to seeing the father or communicating with him.
10.
That the independent children’s lawyer send to each of the following persons a copy of my reasons for this decision:-
(a) The proper officer of the school at which S is enrolled to attend in 2010;
(b) The proper officer of the school at which N is enrolled to attend in 2010;
(c) The proper officer and/or … of Centacare, X –
and, if at all practicable, do so prior to the teachers commencing their long summer school vacation.
11.
That the independent children’s lawyer convey to the proper officer of the school attended by each child that the father’s parental responsibility for the children is equivalent to the mother’s parental responsibility for the children and that the father is entitled to receive direct from the school, school reports and applications to order school photographs of the children and any other document customarily provided to parents and the father be responsible for the reasonable expense (if any) of that information being provided to him.
12.
That if the children (or either of them) change school after the independent children’s lawyer ceases to be involved in this matter, the father is at liberty to provide my reasons for this decision and my reasons published on 20 March 2009 to the proper officer of the new school(s) attended by the children.
13.
That the order requesting the appointment of the independent children’s lawyer be and is hereby discharged.
14.
That all documents produced on subpoena be returned to the person or entity who produced same.
15.
That all parenting applications be otherwise dismissed.
16.
That this matter be removed from the list of active pending cases.
17.
AND IT IS NOTED BY THE COURT THAT there is no order requiring the children, or either of them, to spend time with the father.
18.
That pursuant to Sections 65DA(2) and 62B the particulars and the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and those particulars are included in these orders.
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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