Federal Circuit and Family Court of Australia – (Division 1)
Kirke & Kirke [2023] FedCFamC1F 827 (28 September 2023)
CRITICAL INCIDENT LIST – Where mother and father incarcerated – Where children living with the paternal grandparents – Where major long-term decisions were required on an urgent basis – Where the paternal grandmother sought parental responsibility for the children – Where interim orders had been made to allow the paternal grandmother to access service providers for the children – Where the Department has no concerns about the children living with the paternal grandparents –Where mother agreed to final orders being made – Where father has not engaged in proceedings – Final orders made.
Secretary, Department of Communities and Justice & Darvall [2023] FedCFamC1F 747 (31 August 2023)
CHILD ABDUCTION – Hague Convention – Return application to Mexico – Where there is an allegation of wrongful removal – Where the jurisdictional facts are conceded – Regulatory exceptions to return raised by the mother – Where the mother asserted there is a grave risk that the return of the child would expose the child to physical and psychological harm because she alleged the father used drugs, is violent and is a member of a Mexican organised crime group – Where the mother is subject to an outstanding Mexican arrest warrant for the abduction, retention and concealment of a minor – Intolerable situation demonstrated – Discretion to return – Application dismissed.
Secretary, Department of Communities and Justice & Garakas [2023] FedCFamC1F 696 (21 August 2023)
CHILD ABDUCTION – Hague Convention – Return application to New Zealand – Where there is an allegation of wrongful removal – Consideration of child’s habitual residence – Where all other jurisdictional facts are conceded – Found child habitually resident in Australia and removal not wrongful – Application dismissed.
Federal Circuit and Family Court of Australia – (Division 2)
Halston & Neast [2023] FedCFamC2F 1226 (25 September 2023)
PARENTING – urgent interim proceedings brought by the father – where the mother has unilaterally relocated to country South Australia with the children – children aged four and nine years – where the mother is the primary caregiver – current time spending arrangements for every weekend with the father – alleged family violence perpetrated by the father – consideration of best interests – orders for the children to return to metropolitan Adelaide.
Breton & Breton (No 2) [2023] FedCFamC2F 1157 (6 September 2023)
PARENTING – split siblings – where two older children live with father – where youngest child lives with mother – where both parties have committed family violence during the relationship – where the father has made threats to kill the mother post relationship – where father has denigrated the mother openly post relationship including to the two older children such that they have no relationship with her – where there is evidence the older children have adopted the father’s views – where there is evidence the older children seek to persuade the younger child to the father’s views – where the father purports to seek orders that the youngest child live with him and spend time with the mother unsupervised but the evidence shows he is not supportive of the child’s relationship with the mother – where the mother says the youngest child should spend no time with his father and brothers – where the youngest child is settled after years of upheaval – where father’s proposed orders will lead to more conflict – HELD orders made for the youngest child to spend no time with father and brother.
Family Court of Western Australia
STANHOPE and STANHOPE [2023] FCWA 204 (27 September 2023)
PRACTICE AND PROCEDURE – Application to discharge Independent Children’s Lawyer – Proper basis for discharge not established – Application dismissed – Case turns on its own facts
