Wehausen & Earl (No 2)

Case [2023] FedCFamC1F 798


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Wehausen & Earl (No 2) [2023] FedCFamC1F 798

File number(s): ADC 3873 of 2020
Judgment of: KARI J
Date of judgment: 21 September 2023
Catchwords: FAMILY LAW – EX TEMPORE REASONS – Where final parenting orders were made by consent    
Cases cited: Isles & Nelissen (2022) FLC 94-092
Division: Division 1 First Instance
Number of paragraphs: 15
Date of hearing: 18 September 2023
Place: Adelaide
Counsel for the Applicant: Ms Smith
Solicitor for the Applicant: Picotti-Ellis Legal
Counsel for the Respondent: Ms Lee
Solicitor for the Respondent: Southern Vales Legal
Counsel for the Independent Children's Lawyer: Ms Horvat
Solicitor for the Independent Children's Lawyer: Legal Services Commission of South Australia

ORDERS

ADC 3873 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS WEHAUSEN

Applicant

AND:

MR EARL

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

KARI J

DATE OF ORDER:

18 SEPTEMBER 2023

IT IS ORDERED BY CONSENT OF THE MOTHER AND THE INDEPENDENT CHILDREN'S LAWYER AND NOT OPPOSED BY THE FATHER:

1.That all previous parenting orders be discharged.

2.That the Mother have sole parental responsibility for the child X born 2012.

3.That the child live with the Mother.

4.That the Father be at liberty to send the child:

(a)A Christmas Card in December of each year;

(b)A birthday card on the occasion of her birthday each year;

(c)A card or a letter in March of each year;

(d)A card or a letter in September of each year.

With such cards or letters to be sent to an address nominated by the Mother and with the Mother to be at liberty to check such cards and letters to ensure the material contained within them is appropriate before passing same onto the child.

5.That save and except for the communication as set out in paragraph 4 herein the Father is restrained and an injunction is granted restraining him from spending time with or communicating with the child.

6.The each of the parties keep the other informed by post of their current postal address for the purpose of the communication referred to in paragraph 4 herein.

7.The Father is restrained and an injunction is granted restraining him from:

(a)Attending at or within 100 metres of the child's school or home address;

(b)Keeping the child under surveillance of any kind; and

(c)Threatening, harassing or intimidating the child in any way.

8.Each party is restrained and injunctions are granted restraining each of them from:

(a)Discussing any issues raised in these proceedings with the child and from allowing any other person to do so;

(b)Posting any information raised in these proceedings on the internet or any social media websites; and

(c)Abusing, criticising or denigrating the other parent or any member of their family in the child's presence and from allowing any other person to do so.

9.That the Father is at liberty to obtain the child's school reports directly from the school with these order to stand as authority for that to occur.

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AGLC
Wehausen & Earl (No 2) [2023] FedCFamC1F 798
Case
[2023] FedCFamC1F 798
Decision Date

CaseChat Overview and Summary

The case of Wehausen & Earl (No 2) involved a dispute regarding the final parenting orders for a child born in 2012. The proceedings were before Kari J in the Federal Circuit and Family Court of Australia. The matter was resolved by consent between the mother, the child, and the Independent Children's Lawyer, with no opposition from the father. The primary issue was to determine the appropriate parenting arrangements for the child.

The court was required to decide on the allocation of parental responsibility and the specific arrangements for the child's living situation and contact with the father. The court considered the consent orders which provided for the mother to have sole parental responsibility, with the father having limited and supervised contact. The court also had to address the broader parameters of communication and interaction between the parties, as well as the obligations regarding the child's education and well-being.

In rendering the decision, the court accepted the consent orders as they had been negotiated and agreed upon by the parties. The court acknowledged the importance of the child's best interests and the need to protect the child from potential harm or distress. The court noted that the orders provided a clear framework for the father's contact with the child, ensuring that it was limited and controlled to protect the child's welfare. The court also emphasised the importance of the parties avoiding any conflict in the child's presence and refraining from discussing the proceedings with the child.

The final orders discharged all previous parenting orders and established new arrangements, including sole parental responsibility for the mother, specific contact provisions for the father, and comprehensive restrictions on the father's ability to interact with the child outside of the prescribed communications. The court also directed the parties to keep each other informed of their addresses for the purposes of the communication provisions and granted the father the right to obtain the child's school reports directly from the school. The appointment of the Independent Children's Lawyer was discharged, and all other applications were dismissed as finalised.

Orders

Orders of the court

ADC 3873 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS WEHAUSEN

Applicant

AND:

MR EARL

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

KARI J

DATE OF ORDER:

18 SEPTEMBER 2023

IT IS ORDERED BY CONSENT OF THE MOTHER AND THE INDEPENDENT CHILDREN'S LAWYER AND NOT OPPOSED BY THE FATHER:

1. That all previous parenting orders be discharged.

2. That the Mother have sole parental responsibility for the child X born 2012.

3. That the child live with the Mother.

4. That the Father be at liberty to send the child:

(a) A Christmas Card in December of each year;

(b) A birthday card on the occasion of her birthday each year;

(c) A card or a letter in March of each year;

(d) A card or a letter in September of each year.

With such cards or letters to be sent to an address nominated by the Mother and with the Mother to be at liberty to check such cards and letters to ensure the material contained within them is appropriate before passing same onto the child.

5. That save and except for the communication as set out in paragraph 4 herein the Father is restrained and an injunction is granted restraining him from spending time with or communicating with the child.

6. The each of the parties keep the other informed by post of their current postal address for the purpose of the communication referred to in paragraph 4 herein.

7. The Father is restrained and an injunction is granted restraining him from:

(a) Attending at or within 100 metres of the child's school or home address;

(b) Keeping the child under surveillance of any kind; and

(c) Threatening, harassing or intimidating the child in any way.

8. Each party is restrained and injunctions are granted restraining each of them from:

(a) Discussing any issues raised in these proceedings with the child and from allowing any other person to do so;

(b) Posting any information raised in these proceedings on the internet or any social media websites; and

(c) Abusing, criticising or denigrating the other parent or any member of their family in the child's presence and from allowing any other person to do so.

9. That the Father is at liberty to obtain the child's school reports directly from the school with these order to stand as authority for that to occur.

10. That the Mother provide a copy of these orders to any school the child attends.

11. That the appointment of the Independent Children's Lawyer be discharged.

12. That all extant applications be dismissed as finalised

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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