FAMILY COURT OF AUSTRALIA
| WENLACK & CIMORELLI (NO. 4) | [2019] FamCA 854 |
| FAMILY LAW – CHILDREN – Interim Parenting – Where the father contends that the children have been subjected to psychological abuse in the care of the mother – Where the father proposes that the children have no contact with the mother – Where the mother seeks that the previous final parenting orders are reinstated –Where there is a likelihood that the children would not share a meaningful relationship with the father if there were a return to the previous parenting arrangement – Where the Independent Children’s Lawyer proposes that the children spend supervised time with the mother – Orders made that the children spend supervised time with the mother. |
| Family Law Act 1975 (Cth) ss 60CA, 60CC, 65D |
| Deiter & Deiter [2011] FamCAFC 82 George & George [2013] FamCAFC 182 Goode & Goode (2006) FLC 93-286; (2007) 26 Fam LR 422; [2006] FamCA 1346 Mazorski & Albright [2007] FamCA 520 McCall & Clark (2009) FLC 93-405; (2009) 41 Fam LR 483; [2009] FamCAFC 92 SS & AH [2010] FamCAFC 13 Wenlack & Cimorelli [2019] FamCA 755 Wenlack & Cimorelli (No. 2) [2019] FamCA 790 Wenlack & Cimorelli (No.3) [2019] FamCA 791 |
| APPLICANT: | Mr Wenlack |
| RESPONDENT: | Ms Cimorelli |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Sydney |
| FILE NUMBER: | SYC | 2881 | of | 2013 |
| DATE DELIVERED: | 20 November 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 1 November 2019 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Barkus Doolan |
| COUNSEL FOR THE RESPONDENT: | Mr Simpson |
| SOLICITOR FOR THE RESPONDENT: | In Person |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW Sydney |
Orders
Pending further order
The final orders made on 27 August 2015 in relation to the children namely D born … 2008, E born … 2009 and F born … 2012 (“the children”) are suspended.
The children shall live with the father.
The father shall have sole parental responsibility for the children.
The father forthwith shall do all acts and things required to ensure that the children are enrolled to attend T Primary School, Suburb Q.
Order 1 of the orders made on 4 October 2019 be discharged.
Orders 2 and 5 of the orders made on 4 October 2019 are to continue.
Order 6 of the orders made on 4 October 2019 is to continue subject to the following variation:
(a) The words “other than in accordance with these orders” are added to the end of that order.
The order made on 16 October 2019 be discharged.
The mother is to spend supervised time with the children at a Children’s Contact Service as nominated by the Independent Children’s Lawyer for a period of two hours per fortnight and such other additional time as may be accommodated by the contact service.
The parents are each to take all necessary steps to facilitate the mother’s time at the contact service including completing the intake procedures for that service.
The Independent Children’s Lawyer has liberty to provide these orders and…
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- AGLC
- Wenlack and Cimorelli (No. 4) [2019] FamCA 854
- Case
- [2019] FamCA 854
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to suspend the existing final orders, establish new living arrangements for the children, allocate parental responsibility, and vary the terms of the mother's supervised time with the children. Additionally, the court had to consider the discharge of certain interim orders made in October 2019.
Hannam J ordered that the final orders of 27 August 2015 be suspended, and that the children live with the father, who was granted sole parental responsibility. The father was directed to enrol the children at T Primary School. Several interim orders from October 2019 were discharged, while others were continued with variations. Specifically, the mother's supervised time with the children was to occur at a Children’s Contact Service for two hours per fortnight, with provisions for additional time if available, and both parents were to facilitate this contact. The Independent Children’s Lawyer was granted liberty to provide the orders and reasons to the contact service.
Orders
Orders of the court
Pending further order
1.
The final orders made on 27 August 2015 in relation to the children namely D born … 2008, E born … 2009 and F born … 2012 (“the children”) are suspended.
2.
The children shall live with the father.
3.
The father shall have sole parental responsibility for the children.
4.
The father forthwith shall do all acts and things required to ensure that the children are enrolled to attend T Primary School, Suburb Q.
5.
Order 1 of the orders made on 4 October 2019 be discharged.
6.
Orders 2 and 5 of the orders made on 4 October 2019 are to continue.
7.
Order 6 of the orders made on 4 October 2019 is to continue subject to the following variation:
(a) The words “other than in accordance with these orders” are added to the end of that order.
8.
The order made on 16 October 2019 be discharged.
9.
The mother is to spend supervised time with the children at a Children’s Contact Service as nominated by the Independent Children’s Lawyer for a period of two hours per fortnight and such other additional time as may be accommodated by the contact service.
10.
The parents are each to take all necessary steps to facilitate the mother’s time at the contact service including completing the intake procedures for that service.
11.
The Independent Children’s Lawyer has liberty to provide these orders and Reasons for Judgment to the Children’s Contact Service.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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