Court Interim Orders provide for registered sex offender to have unsupervised time with child and attend school events.

FLAST CASE BRIEF:  NOLL & NOLL [2019] FCCA 1083

This was an interim proceeding in a parenting matter before the Federal Circuit Court of Australia.  The father, by way of ABF Legal had made an application that the child lives with him and attend a local school,  there were issues of time spent with each parent, the mother was a registered sex offender represented by Thexton Lawyers. 

Sometime shortly after separation the Wife went to stay in a house with some other occupants, one of whom was underage. On or about 6 April 2016 the Mother was convicted in the County Court of Victoria of two counts of sexual penetration with a child under 16. The Mother was sentenced by to a two year community corrections order and 150 hours of community service. At the time of the offences the Mother was aged 25 and the victim reportedly was aged 15. The Department of Human Services was involved in advising the Father that the Mother had been registered as a sex offender for life.

HELD
The Applicant (Father) and the Respondent (Mother) have equal shared parental responsibility for the child.

the child live with the Father.

the child spend time and communicate with the Mother as follows:

(a) During school term time each alternate Wednesday from the conclusion of school or 3.15 pm to the commencement of school or 8.45 am on the following Monday.
(b) For half of each of the school holidays on a week about basis, as follows:
(i) In even-numbered years, with the Mother in the first week of each of the school holidays;
(ii) In odd-numbered years, with the Father in the first week of each of the school holidays.
(c) As may otherwise be agreed between the Father and the Mother in writing (including text or email).


the child shall commence spending time with the Mother pursuant to Order (4)(a) from Wednesday 15 May 2019.
Education
the child be forthwith enrolled at School A, Town B (School) to commence immediately.

The Father authorise the School to:

(a) Provide to the Mother, at the expense of the Mother, copies of all reports, notices and applications for photographs in relation to [X].
(b) Communicate with the Mother either by telephone, in writing or by personal attendance, in relation to [X]’s progress.
(c) Allow the Mother to attend all functions to which parents are invited.

The Mother is at liberty to attend school events, parent-teacher interviews and the like to which parents are invited.

To read the entire case click here FLAST CASE BRIEF:  NOLL & NOLL [2019] FCCA 1083

Legislation Considered:
Family Law Act 1975 (Cth), ss.60CC, 61DA, 65DAA

Sex Offenders Registration Act 2004 (Vic)

Cases cited:
AMS v AIF (1999) 199 CLR 160
Eddington & Eddington (No 2) [2007] FamCA 1299; (2007) FLC 93-349
Goode v Goode [2006] FamCA 1346; (2006) 36 Fam LR 422
Keats & Keats [2016] FamCAFC 156
Marvel v Marvel [2010] FamCAFC 101; (2010) 43 Fam LR 348
Mazorski & Albright ([2007] FamCA 520; 2007) 37 FamLR 518
McCall & Clark [2009] FamCAFC 92; (2009) FLC 93-405
MRR v GR [2010] HCA 4
U v U [2002] HCA 36; (2002) 211 CLR 238
Ulster & Viney [2016] FamCAFC 133
Waterford & Waterford [2013] FamCA 33

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