AFTER MORE THAN A DECADE OF BEING ABSENT, FATHER SEEKS TIME WITH HER DAUGHTER
Sleiman & Ganim [2020] FCCA 3309 (1 May 2020)
This case involves a father seeking time with his daughter where the latter has no lived memory or experience with the father or no time nor communication between child and father for majority of child’s life.
Facts:
These proceedings relate to care arrangements for a young child, X, born 2007. X is nearly 13 years of age. The parties to the proceedings are her parents: Ms Sleiman, her mother, and the Applicant, and Mr Ganim, her father and the Respondent. The father seeks to spend time with X while the mother that X spends no time with her father.
The mother is clear in her evidence that following the separation of these parents - that at that time, young X was one year of age - that there was no time or communication between X and her father, nor any attempt by the father directed to the mother to initiate that time or communication for a period of 10 years from mid-2009 until mid-2019.
The father provides no explanation in relation to attempts made by him to have a relationship or practice a relationship with this child, or any step that he took to seek to prosecute that relationship.
The mother indicated that X knows that her father is now seeking to spend time with her, but she does not want to get to know him. The Father's contrary position, suggesting that any such expression by the child must be influenced by the Mother, as recited above, is then made.
Issue: Should the father spend time with X?
Law:
- Family Law Act 1975 SS.60B; 60CA; 60CC
Analysis:
Children’s interests are met by ensuring that children have the benefit of both parents having a meaningful involvement in their lives. But the provision does not stop at that point. It is involvement to the maximum extent consistent with the best interests of the child. Thus, the child's interests, as is appropriate, remain paramount at all times.
The child has a right to participate, to the extent that they desire to do so, in decisions that affect them. This child does participate. She has had the benefit of meeting with a family consultant. She has an Independent Children's Lawyer representing her interests and who has met her and advocates on her behalf.
It is made clear by the child herself, and by the Independent Children's Lawyer advocating on her behalf, that she does not wish the matter to go anywhere other than a conclusion with the Orders her Mother seeks. She does not desire to practise a relationship. She is no longer curious to meet her Father and she would feel let down and not listened to if Orders were made which sought to engage her in that process.
Conclusion: Accordingly, the court orders that the child shall spend no time with the father.
