Lemaire & Ridder [2025] FedCFamC2F 1309 | Case summary

Federal Circuit and Family Court (Div 2)|2025-10-02

For the reasons provided herein, I consider that the parenting orders which are set out at the forefront of these reasons are parenting orders which are in the best interests of the child.
I am satisfied that the Orders which the Court will make will not expose any person to an unacceptable risk of family violence.

I certify that the preceding two hundred and eighty-seven (287) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Carty.

[1] Father's Affidavit filed 08 May 2024 [5] - [6].

[2] Ibid [4] - see also Mother's Affidavit filed 06 May 2024 [3].

[10] Subsection 65D(1). The Objects of Part VII of the Act are set out in s. 60B of the Act and provide further important context. The Objects of Part VII of the Act are to ensure that the best interests of a child are met, including by ensuring their safety, and to give effect to the 1989 Convention on the Rights of the Child.

[12] By virtue of section 60CE, nothing in Part VII permits the court or any person to require the child to express his or her views in relation to any matter.

[16] (3) For the purposes of paragraph (1)(b), the court must consider the following matters:

(a) the child's right to enjoy the child's Aboriginal or Torres Strait Islander culture, by having the support, opportunity and encouragement necessary:

(i) to connect with, and maintain their connection with, members of their family and with their community, culture, country and language; and

(ii) to explore the full extent of that culture, consistent with the child's age and developmental level and the child's views; and

(iii) to develop a positive appreciation of that culture; and

(b) the likely impact any proposed parenting order under this Part will have on that right.

[23] Father's affidavit [101]-[103]

[26] Exhibit F15, Mother's affidavit [66]

[43] Re H-N (Children) (Domestic Abuse. Finding of Fact Hearings) [2021] EWCA Civ 448 at [65]

[67] Father's affidavit [75] and [76]

[79] Within the meaning of s.61HB Crimes Act 1900

[80] Within the definition of s.4AB Family Law Act 1975

[86] Isles & Nelissen [2022] FedCFamC1A 97

[87] Exhibits M4, M5, M6, M7, M9, M10, M11

[88] Mother's Affidavit [207] - [212]

[96] Keane & Keane [2013] FamCA 332

Circuit and Family Court of Australia (Family La) Rules 2021

Circuit and Family Court of Australia (Family Law) Rules 2021

Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336

Lemaire & Ridder [2025] FedCFamC2F 1309 (2 October 2025)

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Judgment (24 paragraphs)

Legislation Cited (3)

Cases Cited (3)