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1: Mitchell & Mitchell [2014] FCCA 2526 |
Court or Tribunal: 
Catchwords: Child Abuse, Emotional Abuse, failure to call witness and Jones & Dunkel inference, Hostile Parental Behaviour, Interim Parenting Orders, Jones & Dunkel inference, Meaningful Relationship, Obstruction of Contact with Child, Parental Alienation, Risk of Psychological Harm, Sole Parental Responsibility, Supervised contact with Child, Unacceptable Risk, With whom a child lives with, With whom a child spends time with
Judges:  Harman JHenderson J

Background: Since separation, the three children lived primarily with their father [Mr Mitchell]. In these proceedings, Mr Mitchell has conceded that he has denied the children their right to a meaningful relationship with their mother, accepted by Mr Mitchell to be a caring and loving relationship, as well as exposing the children to his significant rage and repeated derogatory comments towards his ex-wife and her lesbian partner, while also exposing the children to discussions of adult issues, (such as the mother’s sexuality), which for children of these ages is entirely unnecessary and inappropriate. 
  [Legal Issue]These proceedings primarily hinged on the definition of "abuse" and "family violence", and whether the exposure of the children to the father's rage towards his ex-wife, and specifically the repeated derogatory comments towards his ex-wife and her lesbian partner, constitutes child abuse and/or family violence. The evidentiary standard of "Unacceptable Risk" was used to determine whether the risk of future abuse was significant enough to warrant measures.    [Court Orders]The children’s mother [Ms Mitchell] shall have sole parental responsibility of the three children. The three children shall live with their mother. The children’s father [Mr Mitchell] shall spend time with the children from 11am Saturday until 5pm Sunday each alternate weekend.     

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3: Goode & Goode [2006] FamCA 1346 |
Court or Tribunal: 
Catchwords: Appeal, Equal Parenting Time, Equal Shared Parental Responsibility, Interim Parenting Orders, Parenting Orders, Shared Parenting, Sole Parental Responsibility, Substantial and Significant Time
Judges:  Boland JBryant CJFinn J

Background: The parties were married in July 1996 and although there was a separation in December 1999 they finally separated in late May 2006. While there was some dispute as to the circumstances of the separation, the facts allowed the judge at first instance to find that the appellant father chose to leave the matrimonial home and bring the marriage to an end. Thereafter there was some dispute as to what happened in relation to the care of the children. Collier J recorded that the respondent mother asserted that after a period of time the parties reached an agreement and the appellant father commenced spending time with the children on each alternate weekend. The appellant father’s case was that the respondent mother removed the children from him and made it very difficult for him to have 
  [Legal Issue]This is an appeal by the father against a decision for interim orders. In this case the Judge in the previous decision did not apply the presumption of equal shared parental responsibility, as stipulated in the family law act, nor did he consider what was in the child's best interests, as listed in the primary and additional considerations in the family law act. Instead the Judge applied the principle previously determined in Cowling v Cowling [1998] FamCA 19, commonly referred to as the "Status Quo". The principle of Status Quo determined that if a child was in a well-settled environment, the child's arrangements should not be altered. As such, the Judge determined that in interim hearings, the Status Quo should be the prevailing principle, not what was determined to be in the    [Court Orders]The Full Court of the Family Court determined that the appeal was successful, and that: (1) The presumption that an order for equal shared parental responsibility will be in the child’s best interests still applies in interim cases, even if neither party asks for such an order. (2) Where that presumption is applied, the Court must still, at an interim hearing, consider the practicality of the child spending equal time with each of the parents under Section 65AA of the Act. (3) Even wh     

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