FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Watkins & Goddard [2023] FedCFamC1F 603
File number: BRC 6501 of 2023 Judgment of: BRASCH J Date of judgment: 14 July 2023 Catchwords: FAMILY LAW – CRITICAL INCIDENT LIST – Where mother of children allegedly murdered by father – Where father in custody – Where children placed with the maternal grandmother by the police and the Department – Where major long term decisions were required on an urgent basis – Where the maternal grandmother sought parental responsibility for the children – Where interim orders had been made to allow the maternal grandmother to access service providers for the children – Where the Department holds no concerns – Where father has not engaged in proceedings – Final orders made Legislation: Child Protection Act 1999 s 11
Family Law Act1975 (Cth) Part VII, ss 60CA, 60CC, 60CC(2)(a)-(b), 60CC(3)(a)-(m), 61DA, 65D(1)
Cases cited: Masson & Parsons (2019) 266 CLR 554; [2019] HCA 21
Rice & Asplund (1979) FLC 90-725
Tibb & Sheehan (2018) 58 Fam LR 351; [2018] FamCAFC 142
Division: Division 1 First Instance Number of paragraphs: 54 Date of hearing: 14 July 2023 Place: Sydney (by video conference) Counsel for the Applicant: Mr Alexander Solicitor for the Applicant: Evans Brandon Family Lawyers The Respondent: Litigant in person (did not participate) ORDERS
BRC 6501 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS WATKINS
Applicant
AND: MR GODDARD
Respondent
order made by:
BRASCH J
DATE OF ORDER:
14 JULY 2023
THE COURT ORDERS:
Parenting Arrangements
1.That the father have no parental responsibility for the children:
(a)X born 2019;
(b)Y born 2021; and/or
(c)Z born 2022.
2.That the children shall spend no time with the father.
3.That parental responsibility for the children be allocated to the applicant maternal grandmother, MS WATKINS, for all major long term decisions related to the children, including:
(a)The children’s education (both current and future);
(b)The children’s religious and cultural upbringing;
(c)The children’s health;
(d)Requesting that the Health Insurance Commission issue a card or cards for the children and claiming Medicare benefits for them;
(e)Requesting that an Australian travel document, including a passport issue for the children; and
(f)Requesting the issue of any documents which prove or establish the identity of the children including but not limited to:
(1)Birth certificates; and/or
(2)Identity cards.
4.That the children live with the applicant maternal grandmother, MS WATKINS.
5.That the children’s maternal grandmother, MS WATKINS have responsibility for all day-to-day decisions with respect to the children.
Information orders
6.That MS WATKINS is at liberty to provide a copy of these orders to all service providers for the children, including but not limited to the children’s school or any child care or day care facility, treating medical practitioners, any other doctors, therapists, counsellors, professionals or any other person or entity who provide services to or for the benefit of the children, as well as government departments and health insurers.
7.That these orders are authority for MS WATKINS to schedule…
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CaseChat Overview and Summary
The court was required to decide on the paramount consideration of the children's best interests, as outlined in the relevant legislation. This included examining the nature of the children's relationships with their parents and other family members, and the potential impact on the children of any changes in their living arrangements. The court also needed to assess the parents' involvement in the children's lives and their capacity to provide for the children's needs.
In reaching its decision, the court emphasised the importance of the children maintaining a meaningful relationship with both their parents, but also recognised the necessity of protecting the children from any potential harm. The court found that the maternal grandmother was a suitable and loving caregiver for the children, and that the children's relationship with her would provide them with the necessary nurture, support, and stability. The court also noted the potential for the children to maintain a paternal link with a family member in the future. Ultimately, the court determined that the children's best interests would be served by remaining in the care of the maternal grandmother.
The court made orders accordingly, recognising the importance of the children's relationships with both their parents and other family members, and emphasising the need to protect the children from any potential harm. The specific terms of the orders were not detailed in the text, but the court's decision provided a clear framework for the children's ongoing care and welfare.
Orders
Orders of the court
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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
It is obviously apparent the benefit of the children having a meaningful relationship with both their parents is one that is not possible. I am, though, when turning to the issue of protecting the children from harm, greatly satisfied by the material I have just read into the record from the Department. They hold no concerns about the children being in the care of the maternal grandmother. It is not necessary for me to go through, as might occur in a traditional parenting case, what a meaningful relationship means. That is the primary consideration s 60CC(2)(a). Additional considerations I turn, then, to the additional considerations at s 60CC(3). (a) any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views; The children are too young to be expressing any views, as s 60CC(3)(a) requires I turn my mind. (b) the nature of the relationship of the child with: (i) each of the child's parents; and (ii) other persons (including any grandparent or other relative of the child); Section 60CC(3)(b)(i) is irrelevant. Section 60CC(3)(b)(ii) is about other persons, the nature of the child’s relationship – the children’s relationships with other persons. The children are young. They are developing their relationships. They are fortunate that they have a family member who has – who is prepared to, despite her own grief – to take the children in and, as I have already referred to, love and care for them as if they were her own, to provide nurture, support and stability for them. It may be another person, the paternal aunt, Ms C – it will be a matter for Ms C if she wishes at some point in the future – to engage with the maternal grandmother about seeing the children. There is no application by her before me now, so it is not something I can deal with. Suffice to say there may come a point when the maternal grandmother is able to reach out to Ms C. It is important, if possible, for these children to have the maternal link, which they will have through their grandmother, but also a paternal link, if at all possible and safe. Whether Ms C ends up seeing the children is not something I can determine today. I am confident, though, at the right time and the right place, the maternal grandmother will turn her mind to that. (c) the extent to which each of the child's parents has taken, or failed to take, the opportunity: (i) to participate in making decisions about major long-term issues in relation to the child; and (ii) to spend time with the child; and (iii) to communicate with the child;(ca) the extent to which each of the child's parents has fulfilled, or failed to fulfil, the parent's obligations to maintain the child; Section 60CC(3)(c) is irrelevant, because it refers to parents, as is subsection (3)(ca). (d) the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from: (i) either of his or her parents; (ii) any other child, or other person (including any grandparent or other relative of the child), with whom he or she has been living;