COURT DENIES THE MOTHER TELEPHONE TIME WITH THE CHILD

GARAFOLO & PULLMAN

FAMILY COURT OF AUSTRALIA

[2020] FamCA 130

This is an application filed by the mother seeking telephone time with the child at certain specified times.

FACTS:

Ms. Garafolo (the mother) filed an application for telephone time with the child twice per week.  The mother submitted that the child had a close relationship with her and it is reasonable that the child be given an opportunity to say goodnight on a couple of occasions a week to her mother and that it may assist the child in coping with the changed living arrangement.

It is Mr. Pullman’s (the father) submitted that the child is not coping well in the aftermath of time with the mother, and that she is proving extremely difficult to settle after she has had time with the mother. It was also the father’s observation that the mother was not appropriately supporting the child’s move to his primary care, and he mentioned a number of matters in support of his observation in this regard, including the fact that the mother had not provided to him the child’s birth certificate, immunization records or the child’s Medicare number.  It is also the father’s submission that telephone time twice per week would be disruptive to the child at present, but that once things settled down and the child became more comfortable with her new living arrangements and at primary school, which she has just commenced, he would certainly be prepared to consider the child having telephone time with the mother at certain times. 

ISSUE:

Whether or not the Court should grant the mother’s application for telephone time with the child.

HELD:

The Court held that notwithstanding the mother’s submissions, it would be undesirable and not in the best interests of the child to have even the limited contact by telephone being sought by the mother.

The Court was concerned at the father’s evidence that the integration of the child into his household is not being facilitated appropriately by the mother.  The Court found that in all the circumstances, it would be better if the father had a sustained opportunity to settle the child and get her into an appropriate school routine that was not interrupted by telephone contact with the mother.

Although, the Court held that if the position improves then it may be appropriate for the child to be able to have some telephone contact during the week with the mother and that this is something that the father would support.