Case Study : Jelbart & Ganzer, Mother in Breach of orders for increase in the child’s time with the Father

Jelbart & Ganzer [2018] FCCA 1771 (1 June 2018)

Mother in Breach of orders for increase in the child’s time with the Father

This is a #parenting matter in interim proceedings dealing with procedural issues of lack of available hearing time and matter determined “on the papers”.
There have been multiple opportunities given to Mother to provide written submissions to address her “issues” with the recommendations of a Family Consultant who prepared a detailed report (which included putting the child under “stress tests”) and who recommended a regime that provided for the gradual increase in the child’s time with the Father.

The only “issue” between the parties relates to the increase in the child’s time with the Father, there is a strained co-parenting relationship between the parties as well as during the relationship.
The primary independent evidence before the Court is from the Expert family consultant whose Report was prepared in July 2017 and there has been barely any movement in the progress of the child’s time with the Father since then with the "usual problems" of a Court placed in invidious position of “she said – he said” and little independent evidence.
The Family Consultant took relevant account of allegations of #FamilyViolence with the court facing issues of what “weight” to give evidence in interim proceedings and procedural fairness in providing for matter to be dealt with “on the papers” in the absence and inability to provide early hearing time.
So to the specifics of this particular interim parenting contest, in which one party in particular will not yield to the views of the Expert – which may, or may not, be for good reason. Contrary to the detailed Expert Report, the Mother seeks that it progress in a rather slower order or time-frame than is proposed by the Expert. The Father supports the recommendations of the experienced Family Consultant.
The Court conducted a detailed analysis of the allegations of Domestic Violence at [46] Family violence is broadly defined as physical, sexual or psychological harm caused by a current or former partner. Verbal abuse, threats and behaviour that is used to coerce or control a partner constitute domestic violence. 

Three major types of family violence are identified (Kelly and Johnson, 2008) – coercive controlling violence, violent resistance and situational couple violence. Situational couple violence involves violence that occurs when couple conflict escalates. Causes of situational couple violence can include chronic conflict, poor communication and poor anger management skills etc.
The descriptions provided by Ms Ganzer of the alleged behaviour that she has experienced from Mr Jelbart would most likely constitute situational couple violence stemming from an inability to communicate and resolve disagreement and differences. Families experiencing different types of violence have been identified in the literature as requiring different parenting plans and interventions. For parents who experience situational couple violence interventions aimed at reducing conflict and resolving arguments before they escalate may be successful in reducing the violence.
Domestic violence can impact ongoing co-parenting relationships, parenting practices following separation and parent-child relationships after separation. Most of the research to date has focused on the impact on abused mothers. Studies have shown that mothers who have experienced abuse in relationships report greater levels of stress then do non-abused mothers. High levels of stress and insecurity can result in mothers who experience mental health issues such as depression, anxiety or post traumatic stress disorder (PTSD). These issues can affect a parent's ability to be emotionally available or involved with their children with negative consequences for the child.
Ms Ganzer described [X] being exposed to family violence perpetrated by the father from the time that she was an infant. During the last decade research has shown that children who have been exposed to domestic violence are at high risk of emotional and behavioural problems. Studies suggest differences in the effect according to the age of the child. For example, some studies have shown that infant and preschool aged children are more negatively affected by exposure to domestic violence then older children, because of their developmental vulnerability and developmental dependency on adult figures.
The Court went on to examine the relationship of the Child with the Father and mother in an exhaustive and detailed analysis.   This case is well worth reading how the Court deals with Family Violence allegations and the Best interests of the Child while examining the Expert Reports.  

ORDERS - Either Come up with an agreement yourselves by Consent or the Court will impose the order that the Father gets more time and with adjustments for the 8 months lost.  

(1) Within 7 days of the date of these Orders, the parties are to provide the Court with an agreed Minute of Interim Consent Orders which (a) implement the recommendations of the Family Consultant, adjusted for the months that have lapsed since its release, and (b) provide for the procedural course this matter should take.

(2) Absent agreement between the parties in relation to the Minute referred to at Order 1 of these Orders, the Orders Sought by the Father (which accord with the recommendations of the Family Report) will be made in Chambers, with adjustments for the 8 month time lapse between the date the Report was released and the date of the Orders.