Woodruff & Cabler
[2024] FedCFamC1F 724
•31 October 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Woodruff & Cabler [2024] FedCFamC1F 724
File number(s): CAC 725 of 2023 Judgment of: GILL J Date of judgment: 31 October 2024 Catchwords: FAMILY LAW – PARENTING – Interim consent orders – Where the father has been accused of sexually touching a close friend of one of the children, aged under 14 – Where the family report raises risk questions relating to coercive and controlling conduct on the part of the father – Importance of both protecting against risk and preserving the close relationship between the father and the children – Orders made for weekly supervised time between the father and the children Division: Division 1 First Instance Number of paragraphs: 4 Date of hearing: 31 October 2024 Place: Canberra Solicitor for the Applicant: Dr Variyar, Mannion Lawyers Solicitor for the Respondent: Ms Park, McPherson Park Lawyers Solicitor for the Independent Children's Lawyer: Ms Munk, Legal Aid ORDERS
CAC 725 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS WOODRUFF
Applicant
AND: MR CABLER
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
GILL J
DATE OF ORDER:
31 OCTOBER 2024
THE COURT ORDERS, UNTIL FURTHER ORDER, BY CONSENT THAT:
1.Orders 1–3 of the Orders dated 13 June 2023, and Orders 2–7 of the Orders dated 8 October 2024 are discharged.
2.The mother shall have sole parental responsibility for X, born 2011 , and Y, born 2014 (collectively “the children”), and sole decision-making authority in respect of all decision for major long-term issues as defined in section 4 (1) of the Family Law Act 1975 (Cth) (“the Act”) affecting the children.
3.The children shall live with the mother.
4.The children shall spend time with the father, subject to Order 5 hereof, on no more than one occasion per week, for a period of no more than two hours per occasion.
5.For the purpose of Order 4 hereof:
(a)The children shall spend time with the father through B Family Services at the Town C location, via the supervised visits program (“supervised time”).
(b)In relation to Order 5(a) above, and in the event B Family Services become available, the following shall apply:
(i)Each party shall within 7 days of the date of these Orders, contact B Family Services and comply with any requirements for intake into B Family Services;
(ii)Attend upon B Family Services for supervised time between the children and the father on such days and at such times as may be directed by B Family Services or as may be agreed between B Family Services and the parties; and
(iii)The parties shall share equally in any cost associated with B Family Services.
(c)In the event no professional supervision agency is available to the parties, the father’s time shall be supervised by a third party to be agreed between the parents (“agreed third-party supervisor”) in writing.
(d)In relation to Order 5(c) above, and upon the parties agreeing to a third-party supervisor, the parties shall forthwith inform the Independent Children’s Lawyer of the name, email and telephone contact details of that person.
(e)Upon the Independent Children’s Lawyer being informed of the agreed third‑party supervisor, the Independent Children’s Lawyer shall do the following:
(i)Provide the agreed third-party supervisor with the South Australian Legal Services Commission brochure “Should I supervise contact?” and ask that person to read it; and
(ii)Provide the agreed third-party supervisor with a copy of these Orders and ask that person to read it; and
(iii)Provide the agreed third-party supervisor with an Undertaking and request it be signed by the agreed third-party supervisor and returned to the Independent Children’s Lawyer to be filed with the Court.
6.In relation to Order 5(e) above:
(a)Intended terms of the Undertaking are as set out in the Notation B of these orders; and
(b)The Independent Children’s Lawyer is at liberty to provide a copy of these Orders to any agreed third-party supervisor.
7.In the event the time is supervised by an agreed third-party supervisor, changeover shall occur via the agreed third-party supervisor in lieu of the father, at McDonalds Town D, through the parties or an agent on either of their behalf.
8.Within 21 days of the date of these Orders, the parties shall do all acts and things necessary to register in, and attend when offered:
(a)Tuning into Teens.
(b)Parenting after Separation.
9.Within six months of the date of these Orders, the parties shall each provide to the other and the Independent Children’s Lawyer a copy of any document demonstrating their completion of the programs set out in Order 8 hereof.
10.Within 21 days of the date of these Orders, the father shall do all acts and things necessary to register in, and undertake:
(a)Counselling with a nominated counsellor; and
(b)A Men’s Behaviour Change program.
11.Within 21 days of the date of these Orders, the parties shall do all acts and things necessary to register in, and facilitate the children’s attendance in when offered, the F Program through B Family Services.
12.The parties shall communicate by way of text message.
13.The father shall be restrained from:
(a)Communicating with the children outside of the time permitted in Order 4 hereof.
(b)Attending the mother’s place of residence.
(c)Attending either of the children’s schools.
(d)Discussing these proceedings, the children’s meetings or engagement with the Independent Children’s Lawyer, with either of the children.
14.In the event either of the children seek to enter the father’s care, the father shall use his best endeavours to re-direct the children to the mother’s care.
15.The mother shall use her best endeavours to restrain her partner, Mr E, from disciplining the children.
16.The mother shall be permitted to provide a copy of the Family Report dated 14 August 2024 and the Addendum Family Report dated 18 October 2024 to any mental health professional that treats either of the children.
17.Within 14 days of the date of these Orders it is requested that the Family Consultant meet with the children to explain these Orders, if the Family Consultant considers it appropriate to do so.
18.The Independent Children’s Lawyer has liberty to relist on three days’ notice in the event the children self-place with the father and are unable or unwilling to be returned to the mother’s primary care.
NOTATIONS
A.The father’s criminal charges are due in the NSW Local Court for trial in early 2025.
B.The terms of the Undertaking of the third-party supervisor are as follows:
1. I [insert name] undertake to the Court:
(a)I have been provided with a copy of the most recent Orders made in these proceedings.
(b)I have read the South Australian Legal Services Commission brochure “Should I supervise contact?” referred to in Order 5(b) of those Orders provided to me.
2.I will be present at all times during the periods for X born 2011 , and Y born 2014 (collectively “the children”), are spending time with the father and shall ensure the children are not left alone at any time with the father.
3.If I witness any conduct on behalf of or by the father which I consider inappropriate, then I will terminate the contact period and contact the children’s mother as soon as practicable thereafter.
4.I acknowledge that the purpose of the supervision is to protect the children’s safety.
5.I also acknowledge that it is for the children’s benefit that proper supervision takes place.
IT IS FURTHER ORDERED THAT:
19.I direct that the parties are at liberty to provide any counsellor or therapist or Men’s Behavioural Change program administrator with a copy of the family report and its addendum.
20.The matter is to be listed before a Judicial Registrar on a date to be fixed for the giving of further trial directions.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
GILL J
This judgment concerns interim arrangements pending final hearing in relation to the living arrangements for X, aged 13, and Y, aged 10. The arrangements take place under circumstances where a family report and addendum family report have been issued which raise risk questions about whether the children may be exposed to coercive and controlling conduct on the part of the father, who has, from the point of separation, been the primary carer for the children.
The underlying factual matters concerned with those risk issues are contested and unable to be resolved on an interim basis. However, they are risk issues that require safeguards to be put in place until a proper resolution of the factual matters can be undertaken as there is sufficient factual material to legitimately raise them as risk issues before the court. Perhaps of more prominence is the fact that the father is currently facing criminal proceedings involving two offences, which is due to be dealt with in the Town C Local Court in early 2025.
In broad scope, the allegation is that the father has sexually touched a close friend of X, under the age of 14 years old. This is a matter that raises serious risk questions, albeit questions that will need to be answered at a final hearing on a proper assessment and testing of the evidence. It is appropriate that arrangements be put in place that are protective against these risk matters, but on identification by the family report of the closeness of the relationship between the father and the two children, it is appropriate that arrangements be put in place which seek to preserve that relationship in a safe manner until the matter can be properly considered.
To that end, the parties have proposed a minute of interim consent orders that provide for the mother to exercise sole decision-making authority in respect of all decisions for major long‑term issues and for the children to live with her, while spending either professionally supervised time with the father (if such is available) or if not available with an agreed third‑party. The arrangements proposed by the parties are appropriate to meet the best interests of the children under circumstances where the matter awaits final hearing.
I certify that the preceding four (4) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Gill. Associate:
Dated: 6 November 2024
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