Selected cases.
Hafner & Hafner [2023] FedCFamC1F 769 (7 September 2023)
FAMILY LAW – PARENTING – Where the parties sought parenting orders in respect of their eight year old child – Where both parties sought equal shared parental responsibility – Where there was slender disparity in the parties’ proposals being how quickly the time which the child spends with the husband should increase, and when and at what frequency it should plateau – School holiday time in dispute – Where greater weight is given to the need to protect the child from harm – Where the Court is satisfied that the orders as proposed by the wife are more in the child’s best interests – Child to live with the mother and spend substantial and significant time with the father.
FAMILY LAW – PROPERTY – Where the husband contended for a 35/65 division of the parties’ property in his favour – Where the wife sought a 50/50 division – Where both parties contended equal contributions during the relationship – Where the husband made an overwhelmingly greater initial contribution than the wife – Where the post-separation contributions favoured the wife – Where the parties’ contribution based entitlements are found to be 35/65 in favour of the husband – Where an adjustment of 7.5 per cent for s 75(2) factors is made in favour of the wife – Where the property pool is to be divided 42.5/57.5 per cent in favour of the husband.
Finhurst & Finhurst [2023] FedCFamC1F 636 (2 August 2023)
FAMILY LAW – PARENTING – Where the parties agreed sole parental responsibility should be allocated to the mother and the children should live with her – Whether the children should spend any time with the father – Where the mother alleges the father poses a material risk of harm to the children – Where alcohol consumption has been a problem for the father for nearly 20 years – Where the father has had multiple admissions to hospital due to impaired mental health related to his excessive consumption of alcohol – Where the mother is concerned about the state of the father’s mental health – Where the father has not been diagnosed with a psychiatric or psychological condition – Where the father has attended upon a psychologist for the past five years to help prevent relapse – Where the father’s claim he has been abstinent from alcohol over the past nine months was not contradicted – Where the father has spent supervised time with the children since October 2022 – Where it was common ground the children would benefit from having meaningful relationships with both parents – Ordered that the children spend supervised spend time with the father subject to certain conditions – Where the father will need to demonstrate his continuing sobriety – Costs reserved.
Kazemi & Demian [2023] FedCFamC2F 217 (6 March 2023)
FAMILY LAW – PARENTING – Where the mother asserts a history of family violence including coercive and controlling behaviour by the father but no longer asserts that the child is at an unacceptable risk from spending time with the father – discharge of the Independent Children’s Lawyer where the issues have narrowed significantly- where the father was previously convicted of stalking/intimidation of a third party- finding that the father has perpetrated family violence upon the mother – where it is found that ameliorating the risks to the child arising from the father’s behaviour requires that the child’s time be limited and not include extensive block periods of time during holiday periods- orders made for child to spend three nights per fortnight with the father.
Theodore & Ambrose [2022] FedCFamC2F 1619 (24 November 2022)
FAMILY LAW – Interim Parenting – short form reasons – where final consent orders made in 2019 – father engaged in criminal activity – assessment of risk – best interest of child – parental responsibility – child to spend gradually increasing time with father – orders for drug testing.
Ellison & Marone [2022] FedCFamC2F 599 (26 April 2022) - appearing for the Independent Children’s Lawyer
FAMILY LAW - parenting - concerning two children - where the mother unilaterally relocated with the children - where the father lives some hours away - where the mother was ordered by Senior Judicial Registrar to return the residence of the children - where the mother has not complied - application for review of decision of Senior Judicial Registrar - where the mother alleges family violence by the father towards the mother - where the mother alleges unacceptable risk to the children of physical or emotional harm by the father - Court not satisfied there is an unacceptable risk of physical or emotional harm - Court satisfied orders for time spent should be varied
Tinley & Colton [2020] FamCA 1015 (2 December 2020)
FAMILY LAW – CHILDREN – CHANGE OF CHILD’S SURNAME – Where the child’s surname is the same as the mother’s and has been since birth – Application by the father to change the child’s surname to a hyphenated name – Where it is not in the best interests of the child to change the child’s surname – Application dismissed.
Eddings & Tannert [2020] FCCA 2416 (16 September 2020)
FAMILY LAW – Property – de facto relationship – assessment of contributions.
Bagham & Eardley [2020] FCCA 570 (19 March 2020)
FAMILY LAW – Interim parenting – short form reasons – family therapy – no further orders for time.
Saracuna & Siddele [2020] FCCA 174 (31 January 2020)
FAMILY LAW – Final hearing – parenting – whether the child should live primarily with the mother or the father – whether the child should be vaccinated - whether the child should go to school or be home-schooled – whether the child is at risk of harm in either parent’s care – whether each parent has the capacity to promote, foster and develop the child’s relationship with the other parent and the child’s extended family – whether each party has the capacity to meet the child’s health, emotional, social and developmental needs.
Attaway & Balloch (No. 2) [2019] FamCAFC 243 (10 December 2019)
FAMILY LAW – APPEAL – PARENTING – Appeal against interim parenting orders – Where the mother withheld the child – Where the mother sought to argue matters that were not raised by the grounds of appeal or were in conflict with her case before the primary judge – The appellant is bound by the conduct of the case – Findings of fact – Assessment of risk – Discretionary decision – Appeal dismissed – Costs order made in favour of the father.
Holmwood & Bissette [2019] FamCA 252 (23 April 2019)
FAMILY LAW – CHILDREN – Best interests – where the mother made allegations that the father had sexually abused one of the children – where the mother conceded during the final hearing that she no longer held the belief that the father sexually abused the child – where the allegation of sexual abuse is not substantiated – where the mother’s parenting capacity is of concern – where the father perpetrated family violence upon the mother in the presence of the children – where the parties agree that there is no unacceptable risk of harm to the children in either parents household – where the family consultant recommends that the resident parent hold parental responsibility due to high parental conflict – Aboriginal children but no evidence concerning culture – orders made.
Cliff & Kahmann [2018] FamCA 717 (31 August 2018)
FAMILY LAW – CHILDREN – Parenting – whether time should be supervised or unsupervised – basis for risk requiring supervision – allegations of alcohol and other drug abuse – allegations of family violence – question of party’s mental health – where injunctions sought requiring treatment – basis for injunctions generally – where insufficient evidence provided to allow granting of injunctions.