Hurst & Madsen [2025] FedCFamC1F 473 (14 July 2025)

(a) advise the father in writing of any proposed decision not less than twenty-eight (28) days before a final decision is made, except in the case of an emergency; and

(b) request that the father provide his expressed views to the mother no later than fourteen (14) days after being notified of the proposed decision; and

(c) consider any views expressed by the father in respect of such proposed decision; and

(d) thereafter, inform the father in writing of any decision made.

1. The child shall spend time with the father as follows:

(a) for the period from the making of these orders until 13 January 2026: supervised for two hours each fortnight, with such time to occur at B Contact Centre, or at an alternate contact service as may be agreed to between the parties, on a day and at times allocated by the service and:

(i) to this end each parent must:

1. contact B Contact Centre within seven (7) days of the making of these orders to arrange an appointment for assessment for suitability for supervised contact/contact changeovers; and

2. attend the assessment; and

   1. comply with any appointment made by B Contact Centre for supervised contact/changeovers; and

   2. comply with all reasonable rules of the contact centre; and

   3. comply with all reasonable requests or directions of the staff of B Contact Centre; and if the parties are accepted by the contact service following intake procedure then the father is to spend time with the child as arranged by the service, and the mother must deliver the child to the contact service at the start of the father's time with the child and collect the child from the same place at the end of the father's time; and

   4. be responsible for each paying half the fees nominated by the contact service for the provision of its service; and

(ii) during this supervised time but subject to B Contact Centre's policies, Ms C, Ms D or Ms E are permitted to attend the contact centre to spend time with the child at the same time as the father is spending time with her; and then

(b) from 14 January 2026 until 13 July 2026:

(i) each alternate Sunday from 10.00 am until 5.00 pm, with such time to be conducted in the presence of either Ms C, Ms D or Ms E ("the nominated supervisor"); and then

(c) from 14 July 2026 until 13 January 2027:

(i) each alternate weekend, from 10.00 am Saturday until 5:00 pm Sunday, with such time to be conducted in the presence of a nominated supervisor and to take place overnight in the household of a nominated supervisor; and then

(d) from 14 January 2027 until 13 July 2027, with such time to be conducted in the presence of a nominated supervisor and to take place overnight in the household of a nominated supervisor:

(i) during the school term:

1. each alternate weekend, from 10.00 am Saturday until the commencement of school on Monday or otherwise until 9:00 am Monday; and

(ii) during the school holidays, with such time to commence on the second weekend of the school holiday period and to continue until the conclusion of the particular school holiday period:

1. each alternate weekend, from 10.00 am Saturday until 10.00 am Monday or otherwise until the commencement of school; and then

(e) until such time as the child commences High School education, whether in 2031 or other such year, with such time to be conducted in the presence of a nominated supervisor and to take place overnight in the household of a nominated supervisor:

(i) during the school term:

1. each alternate weekend from the conclusion of school on Friday or otherwise 3.00 pm until the commencement of school on Monday or otherwise 9.00 am; and

(ii) during the school holidays, with such time to commence on the second weekend of the school holiday period and to continue until the conclusion of the particular school holiday period:

1. each alternate weekend from 3:00 pm Friday until 10.00 am Monday or otherwise until the commencement of school; and then

(f) after the child commences High School education, whether in 2031 or other such year, and commencing on the first Monday after she starts high school:

(i) during the school term:

1. each alternate week, from the conclusion of school on Monday or otherwise 3.00 pm until the commencement of school on the following Monday or 8.30 am and, for the purpose of this order, the child's time with the mother will occur in week one and the father's time with the child will occur in week two; and

(ii) during the school holidays:

1. in even numbered years: the child shall spend time with the father for the first half of the school holidays, being from when school ends for the Term until 5.00 pm on the Saturday which marks the mid-point of the school holiday period; and
2. in odd numbered years: the child shall spend time with the father for the second half of school holidays, with such time to commence at 5.00 pm on the Saturday which that marks the mid-point of the school holiday period and to end at 8.30 am on the Monday of the first week of the school term; and
   1. for the purpose of this order, the child shall live with the mother at all other times during the school holiday periods.

1. For the purpose of these orders, changeover between the mother and the father and, where applicable, the nominated supervisor shall, unless agreed between the parents in writing, occur as follows:

(a) when the time commences or concludes on a school day: then at the child's school; and

(b) otherwise, including when the day is a pupil-free day: at F Post Office.

1. Prior to the commencement of time ordered to occur under order 5(b) and notwithstanding any other order, the child shall spend time with the father in the presence of a nominated supervisor as follows:

(a) in 2025 and each following odd numbered year:

(i) on Christmas Day: from 1.00 pm until 5.00 pm.

(b) in 2026 and each following even numbered year:

(i) on Christmas Eve: from 1.00 pm until 5.00 pm.

1. Following the commencement of time ordered to occur under order 5(b) and notwithstanding any other order, the child will spend time with the father in the presence of a nominated supervisor as follows:

(a) in 2027 and each following odd numbered year: on from 3:00 pm on Christmas Day until 3.00 pm on Boxing Day; and

(b) in 2028 and each following even numbered year: from 3:00 pm on Christmas Eve until 3.00 pm on Christmas Day.

1. Following the commencement of time ordered to occur under order 5(f) and notwithstanding any other order and unless otherwise agreed by the parents in writing:

(a) the parent who does not otherwise have care of the child on the child's birthday shall spend time with the child on that day:

(i) if it is a school day: from after school until 6.00 pm; and

(ii) if it is not a school day: from 2.00 pm to 5.00 pm; and

(b) the parent who does not otherwise have care of the child on that parent's birthday shall spend time with the child on that day:

(i) if it is a school day: from after school until 6.00 pm; and

(ii) if it is not a school day: from 2.00 pm until 5.00 pm; and

(c) if Mother's Day falls on a day when the mother does not otherwise have care of the child, the child shall spend time with the mother from 9.00 am until 6.00 pm on Mother's Day; and

(d) if Father's Day falls on a day when the father does not otherwise have care of the child, the child shall spend time with the father from 9.00 am until 6.00 pm on Father's Day.

1. The parents shall both be entitled to attend all events involving the child, including but not limited to:

(a) sporting fixtures; and

(b) extracurricular activities that allow for parental attendance; and

(c) school functions and events that allow for parental attendance including but not limited to concerts, school assemblies, sports days, parent and teacher interviews, canteen duties and social functions; and

the parent who has the child in their care on the day of such activity will be responsible for their day-to-day care at such event and the child's transportation to and from that event.

1. The mother shall ensure the child is presented to spend time with the father, unless in the event of ill health which requires medical attention.
2. In the event that, upon receiving medical advice, the child is deemed to be too unwell to spend time with the father, the mother shall provide a medical certificate in relation to same, and shall provide the child to spend makeup time with the father as soon as is reasonable thereafter.
3. The parents shall communicate in relation to all matters concerning the child by 'Facebook Messenger', save for in an emergency where they shall communicate via telephone call.
4. The child may communicate with the father via Facebook Messenger on up to two (2) occasions per week, with such communication to occur between 6.00 pm and 7.00 pm, provided it is in a manner that promotes her wellbeing and is not disruptive to her routines.
5. Each parent shall keep one another informed at all times of:

(a) their current contact telephone number and shall advise the other parent of a change in such details within 24 hours of such change occurring; and

(b) any significant medical problems suffered by the child while in their respective care that requires treatment by a registered medical general practitioner; and

(c) the contact details of any medical practitioner, hospital and/or allied health care professional upon whom the child attends; and

(d) any medication that has been prescribed for the child; and

(e) any social, school or religious functions which the child is to attend; and

(f) particulars of the others who may reside with the child.

1. By this order, any medical practitioner, hospital and/or allied health care professional upon whom the child attends is hereby authorised to provide both parents with all such information about the child's health as they are lawfully able to provide.
2. By this order, the father is authorised to be informed of any specialist medical appointments with any psychologist, psychiatrist, counsellor or therapist (hereinafter referred to as "consultant') in relation to the child.
3. The parents shall sign any authorities or other documents (if any) as may be required to authorise any doctor or specialist upon whom the child may attend while in that parent's care to forward to the other parent, at his/her expense, copies of any medical reports.
4. By this order, any school at which the child attends is authorised to provide both parents with copies of school reports, school photographs and any other document regarding the academic progress or achievements of the child including newsletters, notices or other correspondence, documents or information relating to the child on the proviso that the requesting parent is responsible for any costs associated with the provision of such information.
5. The mother shall ensure that the maternal grandmother, Ms G, does not attend upon the child's changeovers with the father.
6. The parents and their agents will ensure that the child is not to be bought into contact with Mr H.
7. The parents and their agents shall not allow the child to be left unsupervised with the following persons:

(a) Mr J; and

(b) Mr K; and

(c) Ms L; and

(d) Ms N.

1. The parents agree that the child shall attend regular sessions with Ms M, Psychologist, with the costs for such sessions to be split equally between the parents.
2. The Independent Children's Lawyer shall provide Ms M and any of the child's other treating medical or allied health professionals with a copy of the Family Report dated 14 November 2023 and a copy of Dr O's report dated 25 May 2025.
3. The parents are at liberty to provide any medical or allied health professional upon whom they attend with a copy of the Family Report dated 14 November 2023 and a copy of Dr O's report dated 25 May 2025.
4. The parents are restrained from relocating the residence of the child more than fifty (50) kilometres from the child's school unless otherwise agreed in writing.
5. The parents shall be and are hereby restrained and an injunction shall issue retraining them from:

(a) denigrating or being rude/offensive to each other in the presence or hearing of the child and each must remove the child from the presence of any third parties denigrating the other parent in the presence of the child; and

(b) consuming any illicit substances during any period that the child is in their care and for twelve (12) hours prior to the child coming into their care; and

(c) discussing any aspect of any family law issue between them (including any pending proceedings) from time to time, with or in the presence or hearing of the child.

1. The Independent Children's Lawyer shall be discharged upon compliance with the terms of Order 24 unless an appeal is instituted in relation to this order.

1. The original Minutes of Order signed by the parties be placed and kept on the Court file.
2. The final hearing dates of 15, 16 and 17 July 2025 are vacated.
3. Save as is otherwise ordered herein, no party is permitted to use any documents provided to them in the course of this proceeding for any purpose other than this proceeding or any appeal in respect of these Orders.
4. All outstanding applications are otherwise dismissed and removed from the list of cases requiring determination.
5. Pursuant to s 65DA(2) and s 62B of the Family Law Act 1975 (Cth), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties to adjust to and comply with an Order are set out in the Fact Sheet attached and these particulars are included in these Orders.

1. These orders are made in terms which generally reflect those to which the parties agreed when they signed Exhibits 1 and 2.
2. There is no Court known by the name "Federal Circuit and Family Court of Australia".

1. The design of the seal affixed to this order issued by the Federal Circuit and Family Court of Australia (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.

Note: The form of the order is subject to the entry in the Court's records.

Note: This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Hurst & Madsen has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. I have before me two Minutes of Order which the parties have signed, being Exhibits 1 and 2; they reflect agreement reached between them recently as to the parenting orders, which both parents, through their signing of those Minutes, accept and in fact contend are in their daughter's best interests.
2. An appreciation of the circumstances in which these parents have arrived at that agreement rests upon a recognition of the contents of a Magellan Family Report dated 14 November 2023 and an affidavit of Dr O to which is exhibited his Single Expert Report dated 25 May 2025. Those documents each contain a very helpful summary of the issues that the parents have been asked to contend with and the issues which they have, by their joint request to the Court to make orders in the terms agreed, decided to resolve in the manner set out in Exhibits 1 and 2.
3. In particular, the reports, I think, make clear that, subject to appropriate measures being put into place in relation to her safety, X will benefit from the opportunity to have ongoing relationships with both of her parents and members of her extended maternal and paternal families.
4. The orders that the parties seek that the Court make provide to X the opportunity to spend regular and consistent time with her father, supported by the presence of those who have proffered Undertakings to the Court to act in the manner expressed in those Undertakings.
5. It is appropriate that I note that both of the parents seek that the orders be made upon the Court receiving and accepting the Undertakings in the terms in which they have been given. It is appropriate that I record that the Court accepts the Undertakings filed this morning.
6. Reference to the Minutes shows that the parents are agreed that X's time with the father will take place in the presence of supervisors - one of whom is the father's partner, one of whom is his mother (X's paternal grandmother) and the last of whom is the father's partner's mother. No doubt all adults - other than the father - at least insofar as the father's partner and the paternal grandmother are concerned, have been involved, at least historically, in X's life, at least to some extent.
7. The aspects of the Minutes which provide for ongoing supervision seem to me to meet X's best interests because they provide to her the support of having another adult present while she spends time with her father. They also provide to the mother the support of knowing that another adult will be present during X's time with the father.
8. I note that Dr Os report records, in essence, that the mother has confidence in the paternal grandmother and that she did not raise any issue in relation to the suitability of the father's partner being a person from whom an Undertaking in the terms proffered could be made and could be accepted by the Court.
9. The terms of the proposed orders will also provide the father with the support associated with knowing that another adult is present to observe X's interactions with him. In that way, it seems to me (noting the parental agreement to the orders sought to be made by way of final order), the parenting arrangements that X's parents have agreed are now in her interests can provide the best support and the Court can be as assured of X's safety as it can possibly be.
10. I also record that the terms of the orders sought by the parents provide to X the opportunity to spend increasing lengths of time in her father's care, supported by the presence of an adult from whom an Undertaking has been provided and accepted. The time grows in its duration over time. It reaches the point where, at the time X commences high school, her parents have agreed that her best interests will be met by her living in an equal time, week-about parenting arrangement.
11. As the Independent Children's Lawyer acknowledges, there is no evidence contained within the reports, either the Magellan Family Report or the report of Dr O, in relation to that issue. It simply reflects something that these two parents - focused upon their daughter's best interests and the necessity of putting in place appropriate care arrangements for her, with the assistance, no doubt, of their respective legal representatives - have been able to arrive at.
12. Given that such arrangement will not be put into effect until the parents have put into effect the other graduated time that X is to spend with the father pursuant to the orders that they seek be made, it seems to me - noting the circumstances of each of the parents in this case and the importance for X to have as much support from her family as is possible, in a way that renders her safe and gives to her a known regime so that she can be supported in it as she reaches her adolescence - likely that the parents have taken such matters into account in arriving at that decision.
13. Having regard to the contents, in particular, of Dr O's most recent report and noting the Undertakings in the terms that they have been given (and my acceptance of them) and the submissions made by the legal representatives on behalf of the parties in writing to the Court and supplemented orally by the Independent Children's Lawyer, in the circumstances of this case, I am persuaded that orders in generally the terms that the parents have sought the Court make are orders which are in X's best interests.
14. The orders which will issue will largely reflect the terms of the orders signed by the parents and the Independent Children's Lawyer - although I note there may be some minor corrections as to form and to correct grammar to give effect to what is clearly the parties' agreed intention as reflected in both Exhibits 1 and, more importantly, Exhibit 2 (being the most recently signed version of the proposed Minutes sought by the parents and the Independent Children's Lawyer).
15. For those short reasons expressed orally today, I will make final orders, generally, in the terms of the Minutes signed by the parents and the Independent Children's Lawyer and in the terms that will issue because I am satisfied, in the circumstances of this case, that such orders are in X's best interests.

I certify that the preceding fifteen (15) numbered paragraphs are a true copy of the Ex-Tempore Reasons for Judgment of the Honourable Justice Hogan.