Keil & Keil [2025] FedCFamC1F 508 (14 July 2025)

1. Liberty be granted to the parties to approach the court in Chambers to have the matter relisted if any issue arises.
2. The final hearing listed on 14-18 July 2025 be vacated on a part heard basis.
3. The matter be listed for mention only on Friday, 12 December 2025 at 10.00 am.
4. Pursuant to s 67ZA, the Court makes a notification to the Department of Communities and Justice regarding the welfare of X (born 2008) who is presently residing with the mother.

1. The mother instructed her legal advisers to propose final orders that the children live with the father, that the father have sole parental responsibility, and that they spend no time with the mother. Neither the ICL, the father nor the court considered the no-time order to be in the children's best interests.
2. The trial has been vacated in circumstances where the mother's legal representatives were unable to take instructions given the mother's apparent mental state, as also observed by the ICL.

1. The maternal grandparents have today handed the children to the paternal grandparents for change over.

1. The ICL will notify the report writer of the outcome of today's part-heard hearing.
2. Section 114Q of the Family Law Act 1975 (Cth) provides that it is an offence punishable by imprisonment for up to one year to publish or disseminate to the public or a section of the public any account of family law proceedings which identifies the parties, witnesses or other people concerned with the proceedings, unless specifically authorised by the Court.
3. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 (Cth) apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
4. Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.
5. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.

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 the pseudonym Keil & Keil has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

1. These are short form oral reasons for decision pursuant to section 69ZL of the Family Law Act 1975 (Cth) ("the Act"), as currently in force in an oral interim application for interim parenting orders.
2. The very short facts are as follows: these are parenting proceedings concerning the parenting arrangements that are in the best interests of Y, born 2016 and Z, born 2018 ("the children").
3. The substantive parenting proceedings were commenced by the father, who is the applicant, with his Initiating Application filed 19 December 2023. The father, who was born 1991, is aged 33. He resides with the paternal grandparents, Mr B and Ms C.
4. The respondent mother is Ms Keil, born 1996, aged 38. The mother has one child from a previous relationship, X, born 2008. The mother lives with the subject children and X. I note that until recently, Mr D, X's father, was living in a self-contained flat downstairs but is not currently there.
5. The final hearing commenced before me at 10.00 am today. The parties had some negotiations.
6. The mother's Minute of Order at the commencement of the proceedings was that the children live with her, that she have sole responsibility and decision-making authority, and that the children spend no, or only supervised identity time, with the father.
7. During the course of the morning, it appears that the mother has decompensated, and she has put a formal position forward through her counsel that the children should live with the father, the father should have sole parental responsibility and that she should have no time with the children.
8. Neither the Independent Children's Lawyer ("ICL"), nor the father, nor the court objectively viewing the material, are satisfied that such orders, certainly in respect of a no time order, would be in the children's best interests.
9. Counsel and solicitor for the mother are concerned about her capacity to give informed instructions. I note that the ICL, through counsel, has raised a similar concern, having observed the mother during the course of the negotiations. The nature of the orders sought by the mother also raise real concerns about her current mental state.
10. Family law proceedings are inherently stressful, and I note there is material which suggests that the mother has issues with anxiety.
11. The applications before me, firstly, are that from the mother's position, that the matter be adjourned. As I understand it, it is not opposed. It is clear that the mother is not in a position to proceed. It is very unfortunate.
12. The second matter, which I am deciding now, is the interim arrangements for the children. The ICL by oral application accepted by me without the requirement to file documents, has indicated that they would seek orders that the children, on an interim basis, live with the father, he has sole parental and decision-making responsibility, subject to not doing anything that would impede the further hearing of the case or making any major changes. That is supported by the father. The mother is not in a position to provide instructions or take a position.
13. I note that the interim, interim orders sought are parenting orders within section 64B. I have got no doubt the court has the power to make them under section 65D. I note that the paramount consideration is the best interests of the children, ss 60CA and 65AA.
14. The mother did raise issues in the material concerning the father with alcohol consumption and family violence, but the father has been spending time with the children, albeit supervised to some extent by his parents. I am satisfied that at the moment, given that the mother seems to be unwell, that the children's safety would be most adequately promoted by living with the father. To the extent to which the views of the children may be relevant, the material before both the Child Impact Report of Mr E, and from the more recent Family Report of Ms F, suggests that the children have very good relationships with the father and are happy to spend time with him, indeed, more time than they have been spending.
15. I think the children's needs can be met by the father, certainly on a short-term basis. I'm satisfied the father has sufficient parenting capacity. I do not think consideration of the benefits of relationships are particularly relevant. As I have said, these are interim orders to hold the matter until the mother is in position to obtain some assistance. The children are not Aboriginal or Torres Strait Islander children. In those circumstances, I note the issue of family violence has been raised, but having reviewed the material, I'm not satisfied it is something which would stop the children spending time safely with the father and his parents.
16. I will vacate the hearing. I will treat it as part heard, I think, to a date to be determined.
17. I note the request to notify DCJ concerning X and will attend to that.
18. The court would recommend that the mother seek mental health assistance as urgently as she can. I do not know how much I can do about that.
19. I note that the maternal grandmother is liaising with the paternal grandparents to hand the children over now.
20. I enter these orders.
21. Those are my reasons.

I certify that the preceding twenty-one (21) numbered paragraphs are a true copy of the ex-tempore Reasons for Judgment of the Honourable Justice Smith.