Aitchison & Elkers [2021] FCCA 1472 (30 June 2021)  Final parenting orders were made regarding child X.  The Mother is alleged to not have properly complied with time spending.  Father filed an initiating application to seek a change of primary care.  Facts: X has always lived with primarily with the mother since her parents’ had a short relationship which ended prior to her birth.  X has spent time with the father from the time that she was approximately 6 months of age as a consequence of court orders.  X’s parents appear to have been engaged in litigation over her parenting arrangements for the vast majority of X’s life.  Final orders have provided for the parents to share parental re

Fayad & Khalil [2021] FCCA 1470 (30 June 2021) The parties dispute whom their children should live with.  The Husband alleges that the Wife sabotages the children's supervised time with him.  The Wife alleges family violence against the Husband.  The Court, in deciding this dispute, took into primary consideration the children's best interests.  Facts: The parties cohabited from 2010, married in 2015 and separated in 2016.  On 19 May 2021, the Father filed an application seeking orders that the children live with him, that the Mother not see the children for a period of two weeks from when the children commenced to live with him and that thereafter the children the children spend each al

Sampson & Sampson [2021] FCCA 1471 (29 June 2021) Parties who were married for ten years and then divorced recommenced living together a year later. The Wife alleges that they resumed a de facto relationship, having bought additional property, raised their children together, travelled, and lived together for 14 years. The father denies the same and claims that they merely lived as companions.  Facts: The parties married in 1993 and separated in 2003 having had three children B,C, and D.  A divorce application was filed on 2004 and their divorce order became final on 2005.  The Wife alleged that she moved out at separation from the matrimonial home in 2003.  The Wife lived in a women’s sh

Forges & Forges [2021] FCCA 1394 (22 June 2021) The Mother applied for relocation with the parties' three children. She alleges that she has been sexually abused by her step-brother and physically and emotionally abused by her step-father growing up. The father, in seeking to dismiss the Application cites Rice v Asplund as there had been significant change in circumstances since the previous final order. Facts: The Paternal Grandfather and Maternal Grandmother married when the parties were children.  When the Mother was nine, she was sexually abused by her step-brother over a five year period.  The mother also alleged that the Respondent’s Father was very violent and using excessive phys

Allegro & Oswald [2021] FCCA 1442 (21 January 2021) The mother opposes the father's application for unsupervised time with their children.  The mother alleges that their child Y has made disclosures that the father sexually abused her.  The mother applied to strike out evidence provided by the jointly appointed Court expert.  Facts: The mother alleges that Y has made disclosures that the father has touched her inappropriately, that such poses an unacceptable risk of harm for this child spending any unsupervised time with the father.  The father seeks an order that both children live primarily with him. With regard to the evidence, the father and the Independent Children's Lawyer argue th

Raymont & Barrille [2021] FCCA 1325 (25 June 2021) The mother seeks an interim order made for her to have sole parental responsibility over X.  The father, on the other hand, seeks unsupervised time with X.  The Court, in deciding the dispute, assesses the risks posed to X by the father's mental health and history of drug use.  Facts: Since the parties' separation, their child X has not spent any time with the father since separation to date.  The mother alleges that the father poses a significant and unacceptable risk to X due to his criminal history, drug use and mental health.  As such, the question of time between the child and the father should be determined after the father has be

Hulls & Hulls [2021] FCCA 1326 (19 March 2021) Both parties seek sole parental responsibility over their children.  The Court doesn't take the evidence of aggressive behavior against the father as well as the father's claims against the mother into consideration when deciding the issue of whether or not joint parental responsibility would be in the best interest of the child.  Facts: Since 2008, there had been incidents between the mother and father that involved violence.  Some of which are due to the father being suspicious about the mother's infidelity, alcohol intoxication, and more.  Overall, the father's conduct towards the mother post separation has been intimidating.  In December

Insley & Maidment [2021] FCCA 1399 (22 June 2021) Interim orders were made for X to live with her mother and spend time with her father.  The mother seeks for most of such orders to remain on a final basis but the father seeks equal shared parental responsibility for X.  The Court, in deciding whether or not the parties should have equal shared parental responsibility, considers their relationship with the child as well as the child's diagnosis.  Facts: In 2016 the Mother and X left the former matrimonial home and moved in with the Mother’s family because of safety concerns for herself and X arising from the Father’s anger management issues and concerns relating to the Father’s care of X

Valant & Calaway (No 2) [2021] FCCA 1437 (19 May 2021) There are concerns about the child's welfare when in the mother or the father's care.  The mother sought for the child to live with her and spend regular time with the father.  It is unclear whether the child welfare authorities are aware of the issues regarding the parties' parenting capacity.  Facts: In 2015, a parenting order having X live with the mother and spend regular time with the father was made.  In February 2018, the mother filed an Application in a Case since X was withheld by the father in Victoria due to concerns about the child being exposed to drug use and family violence if with the mother.  Involvement in car chase

Penton & Dawkins [2021] FCCA 1502 (2 July 2021) The mother disputes the proposal of the father to have a gradually increasing time with their child because of the adverse behavior exhibited by him.  The mother alleges that there were instances of family violence, abduction of X from a supervised contact center, stalking, and more.  Facts: The parties had an only child, X, born in 2015.  The father has an older daughter, Ms G, now aged 26 and lived in Sydney at the time of the trial.  Since X's birth, the mother worked part-time since X's birth except for a six-month period in X’s first year during which the mother was required to work full-time to complete a particular qualification.  Th

Leary & Gilbert [2021] FCCA 1438 (20 May 2021) The father is seeking a recovery order concerning a child who is eight years old.  The father alleges that the child is exposed to unstable living arrangements in the mother's care.  The mother failed to appear at the hearing. Facts: On 13 May 2021, the mother was served by the father's application for a recovery order of their child who is eight years old.  The applicant father says that this child lived in an unstable existence between him and the mother up until the middle of 2020 when the child was left with a relative in Town C.  In September 2020 the child then went to live with the father in Town B where she has been enrolled in schoo

Oakins & Faberman [2021] FCCA 1406 (7 April 2021) Parties separated due to extensive history of family violence.  The mother also alleges sexual assault against the father.  The Court assessed the risk of harm to the children in determining whether or not the father should be able to spend time with his children.  Facts: The mother applied for a recovery order in relation to X and Y, her children with the father who had retained them after their separation.  The mother made a complaint to the police that the father has been charged with a serious criminal offence of rape.  On 28 September 2020, an order was made for the children to be immediately returned to the mother’s care and for the