FATHER WANTS TO SPEND TIME WITH HIS TEENAGE CHILDREN
Lamping & Deland [2020] FCCA 2721 (2 October 2020)
This involves a parenting proceeding where the father seeks time with his 17-year-old child in accordance to the child’s wishes and the other child (13 years old) is to spend time with him on a regular and scheduled basis.
Facts:
These are parenting proceedings relating to two children X and Y. The parents agree that X should spend time with the father in accordance with her wishes. She was after all 16 years old at the time of hearing, and has recently turned 17. Her attitude is that she does not want to see the father.
The father says that Y should spend time with him each alternate weekend from after school on Friday to before school on Monday and for half of the school holidays together with time on special occasions while the mother says that Y should spend time with and communicate with the father in accordance with his own wishes.
The mother also asks the Court to make findings of family violence. The father denies most, if not all, of the allegations the mother makes against him regarding family violence and says that he became very concerned about the mother’s mental health and that she was not being a good “mental health role model” for the children following information supplied by Hospital C in answer to a Subpoena which revealed the mother had been admitted to this service for her mental health.
Issue:
- Should the parents have shared responsibility with their children?
- Should the father spend time with his children?
Law:
Analysis:
The relationship between the parents is simply not conducive of any real or meaningful co-operation in respect of the children’s long-term welfare and needs. The mother’s views of the father are so negative, and indeed the father’s view of the mother, that it would be near impossible for the parents to jointly make decisions regarding long-term issues for their children.
The Court will make an order for the mother to have sole parental responsibility. Given that the children will be living with the mother, this is the only order with respect to parental responsibility which will see their needs met.
With respect to the request of the mother regarding family violence, the mother presses the Court to make findings of family violence, although in submissions, the Court was not taken to specific allegations nor the evidence in support of those allegations.
The parents agree that X should spend time with the father in accordance with her wishes. Her attitude is that she does not want to see the father, therefore in reality, an order that she spend time with the father in accordance with her wishes will mean, in at least the short term, and that she will not spend any time with the father. The expert has explained why it is important that X not be put in a situation where she is forced to spend time with the father.
There is no evidence which would support an order for Y to spend regular time with the father. Indeed, the evidence is that if there was such an order it would be stressful for Y and time would not occur. This would in turn no doubt creates further conflict between the parties and negatively impact the parenting capacity of the mother in particular.
Conclusion: the mother shall have sole parental responsibility for the children X and Y. That the children shall spend time with the father in accordance with their wishes.