FATHER SEEKS TIME WITH CHILDREN DESPITE REPEATED BREACH OF APPREHENDED DOMESTIC VIOLENCE ORDERS
Chadwell & Rattray [2021] FCCA 695 (4 March 2021)
This is a parenting case filed by the father seeking time with his children. The mother opposes such application alleging the father’s perpetration of life-threatening violence as well as the father’s use of drugs and a habit of forming relationships with under-aged girls.
Facts:
This matter concerns an application for parenting orders filed by Mr Chadwell (“the father”). The father had not seen his three children X, 13; Y, 12; and Z, 5, since around August 2018. He sought an order that the children live with him and on an interim basis he sought a recovery order and an order that the children spend supervised time with the mother.
The mother raised a raft of very serious concerns about the father. The mother detailed a number of instances since separation when she had good reason to believe that the father has entered into further relationships with underage girls of around the age of 14.
The mother formed a relationship with the father, went to live with him and had the children but on her evidence, the relationship involved very serious family violence which could have resulted in the mother or the children being physically injured or even killed.
She described a number of occasions when the father threatened her or the children with an unregistered rifle. There was an occasion after Y’s birth when she had to flee the house with him. She was later able to recover X. She said that the father was running around the paddock screaming and firing the rifle. The mother said that she managed to get into the car and drove off but the father chased the car, shot at the boot and smashed the back windscreen.
In August 2010 an ADVO (Apprehendedd Domestic Violence Order) was taken out to protect the mother. The father was subsequently charged with breach of the ADVO and there was a further separation but sadly as too often happens in these kinds of relationships, the parties reconciled and the violence continued.
In addition to raising concerns about family violence, the mother also raised concerns in her affidavit about the father’s cannabis and alcohol use and his possession of guns is also a significant concern.
Furthermore, the mother said that in August 2020, shortly before the father filed his current application, six cars turned up at her home at 5:00am. The father was in one of the cars and the cars drove up and down her driveway beeping their horns. The mother called the police and the father was again charged with breaching the ADVO.
That led to the father again being charged with breaching the ADVO. He was convicted of the breaches of the ADVO and on 1 September 2020 a fresh ADVO was made for the protection of the mother and the children for five years. It is in force until 2025.
Issue: Should the court grant the application by the father to spend time with his children?
Law:
Analysis:
There are no circumstances under which the court could make an order for equal shared parental responsibility. It is entirely appropriate that the court makes an order that the mother has sole parental responsibility for the children.
It is also appropriate to make a no time, no communication order and a Section 68B order. Given what happened throughout the relationship, the father poses a significant risk of harm to the mother and the children. His behavior creates a risk of people being killed and injured. There are no circumstances under which it would be appropriate to make an order for these children to spend time with the father.
In light of what happened in August 2020 and the father’s attitude to the ADVOs and the constant charges against him, the mother remains at risk of harm. The court hopes that she takes some practical steps to protect herself, because ADVOs and any orders this Court makes are simply words on a piece of paper. The mother needs to see a domestic violence organization and make sure that she takes practical steps to protect herself, her home and her children.
Conclusion: Application if the father is hereby denied.
