·   ·  664 posts
  •  ·  3859 friends

FATHER SEEKS INCREASED OVERNIGHT TIME WITH HIS CHILD AS SUPPORTED BY THE REPORT OF THE FAMILY CONSULTANT

Abramov & Laderman [2021] FCCA 664 (7 April 2021)

This is a parenting proceeding where the father seeks for increased overnight time. There is evidence given by family consultant where family consultant recommends gradual increase of overnight spend time with the father.

Facts:

This proceeding concerns parenting orders to be made in respect of the child X born in 2017 (“the child”).

The Father is 34 years old and is employed full-time at the Employer D as a tradesman. He currently works nine days per fortnight – Monday to Friday, 7:00am to 3:00pm – and has a rostered day off every second Monday. The Mother is 35 years old and is engaged in home duties.  She also has the care of another child, E born in 2013, from a previous relationship.

The Father filed an amended initiating application seeking an order for an increase in overnight time commencing when the child turns five rather than when the child turns six, as was recommended by the family consultant in the family report.

The family report made reference to correspondence from the child's childcare center in relation to separation anxiety that the child suffers and the child's play style. It also explored ongoing concerns voiced by the Mother in relation to the Father’s behavior during the relationship and following separation, as well as his failure to adequately care for the child on an occasion where the child's hand was badly injured due to her having access to a power tool whilst in the care of the Father.

The family consultant did not have concerns about the child’s relationship with the Father and expressed the view that the Father showed a creative parenting style. The family consultant expressed the opinion that the child could continue to enjoy three consecutive nights in the care of the Father and that the spend time arrangements proposed by the Mother represented too little time as between the child and the Father

Issue: Should the court grant the increased overnight time sought by the father?

Law:

  • Family Law Act 1975 (Cth)  SS. 60CA, 60CC

Analysis:

The family consultant made it clear that neither of the parties presents a risk to the child, and the difficulty in this case is the lack of co-operative co-parenting by the parties.

The orders proposed by the family consultant are such as to provide the child with the benefits of having a meaningful relationship with both of the parties. The gradual increase in time enhances those benefits.

There is no current intervention order in place, although the Mother does make allegations pertaining to family violence which were denied by the Father.

The Father completed a 20-week men’s behaviour change course in 2020.  There was an incident where, as a result of an accident, the child was injured by a power tool. That was an unfortunate accident, but the Father is remorseful and has addressed that issue. It was not an example of child abuse – it was an accident.

Conclusion: For these reasons,  the court will adopt the recommendations made by the family consultant in her report and in the oral evidence by gradually increasing the overnight time of the father with his child.

Comments (1)
Login or Join to comment.

FLAST

Close