austlii:cth/FedCFamC1F/2025/968
General information, not legal advice.
FedCFamC1F
2025-11-28
Howard J
Original judgment source is linked above.
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
THE COURT ORDERS BY WAY OF INTERIM ORDER RELATING TO PARENTING:
(a) Abusing, insulting, belittling, rebuking or otherwise denigrating the other parent and their extended family members to or in the presence of hearing of the child or any of them;
(b) Discussing these proceedings or any other documents prepared in relation to these proceedings to or in the presence or hearing of the children (save for explaining the spend time provisions of these Orders);
(c) Discussing an allegations raised in these proceedings with or in the presence and/or hearing of the child;
(d) Passing messages to each other via the child;
(e) Physically discipling the child;
(f) Questioning the child in relation to their views or preferences concerning their living arrangements or the time they spend with the other parent;
(g) Providing any documents pertaining to these proceedings to any person other than their legal representatives, except as provided in these orders;
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 has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
These reasons were delivered Ex Tempore on 28 November 2025 and have been settled and corrected for grammatical errors and in order to convey the precise intention of the Court.
"In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration."
"80. Based on my examination and assessment of [Ms Veronesi] on [...] September 2025 in conjunction with the materials I was granted access to, it is my opinion that her psychiatric diagnosis remains that of a Major Depressive Disorder (MDD).
- Considering [Ms Veronesi's] stable and unremarkable mental state findings on examination on [...] September 2025, I assessed her psychiatric condition of MDD to be in remission at the present time.
- Regarding my diagnostic psychiatric opinion of remitted MDD in relation to [Ms Veronesi], please note the following:
...
e) It is my diagnostic psychiatric opinion that, while [Ms Veronesi] previously met sufficient DSM-5 criteria to assign the diagnosis of MDD, she did not exhibit active symptoms of the condition when I assessed her on [...] September 2025.
f) [Ms Veronesi's] MDD is in remission due to the combination of pharmacological and psychological treatment. It is necessary and appropriate for the combined treatment approach to continue in the medium term."
"84. ...it is my diagnostic psychiatric opinion that she did not meet DSM-5 criteria to assign the diagnoses of Alcohol Use Disorder or an illicit Substance Use Disorder...
- For the sake of diagnostic comprehensiveness, it is worth noting that [Ms Veronesi] previously received a diagnosis of Post Natal Depression (PND) from [Dr. C]. I concur with the clinical opinion that [Ms Veronesi] developed PND following the birth of her children.
- As far as the diagnosis of PND in [Ms Veronesi] is concerned, please note the below:
...
f) [Ms Veronesi] previously met sufficient DSM-5 criteria to assign the historical diagnosis of peripartum depression.
- [Ms Veronesi] did not represent any psychiatric risk of harm to herself or others when I examined her on [...] September 2025.
Responses to the matters raised in the letter of instruction:
The letter of instruction of 12 September 2025 contained the terms of reference for the report:
a) "...we request that you prepare a Psychiatric report with respect to the Mother's current mental health status, including diagnosis, prognosis, continuation of treatment and any other recommendations";
b) a specific instruction that the report "only pertains to the Mother's mental health and should not address any aspects of parental capacity".
My responses to the matters raised in the letter of instruction are provided under each separate item listed in the multi-part question in paragraph 88 (a).
"...the Mother's current mental health status...".
a) A description of [Ms Veronesi's] current mental health status was outlined in the '[Ms Veronesi's] description of her current mental health status' section of the report.
b) I outlined my examination of [Ms Veronesi's] current mental state in the 'Mental State Examination (MSE) on [...] September 2025' section of the report.
c) My diagnostic psychiatric assessment and opinion of [Ms Veronesi's] current mental health status is outlined in the 'Psychiatric disorder as per DSM-5' section of the report.
"...diagnosis...".
a) My diagnostic psychiatric opinion regarding [Ms Veronesi] is outlined in the 'Psychiatric disorder as per DSM-5' section of the report.
b) It is my clinical opinion that [Ms Veronesi's] existing DSM-5 psychiatric disorder of Major Depressive Disorder (MDD) is in remission at the present time.
c) I did not diagnose [Ms Veronesi] with any additional DSM-5 psychiatric disorders, including:
- another mood-spectrum disorder such as Bipolar I or II Disorder,
- an anxious-spectrum disorder such as Generalised Anxiety Disorder (GAD), Social Anxiety Disorder (SAD), panic disorder, agoraphobia, or specific phobias,
- a psychotic disorder such as schizophrenia or delusional disorder,
iv) an attentional disorder - namely ADHD,
v) a trauma-based disorder - namely PTSD,
vi) an Alcohol Use Disorder,
vii) an illicit Substance Use Disorder,
viii) a personality disorder, or
ix) a major or mild neurocognitive disorder.
d) [Ms Veronesi] previously met DSM-5 criteria to assign the diagnosis of peripartum depression following the birth of her children. The condition is not clinically relevant now.
"...prognosis...".
a) Considering my diagnostic psychiatric opinion that [Ms Veronesi's] existing psychiatric disorder of MDD is in remission at the present time, in combination with her favourable response to the combination of pharmacological and psychological treatment, it is my clinical opinion that her MDD has a positive prognosis if she continues to actively engage in evidence-based treatment for it.
b) During my assessment of [Ms Veronesi's] current mental health status, we discussed her understanding of the concept of early warning signs of mental health deterioration/relapse as it applies to her health situation. She demonstrated insight into the early warning signs that would signal mental health deterioration or relapse of her existing psychiatric disorder. This provides clinical reassurance that her existing psychiatric disorder of MDD has a positive prognosis.
c) Alongside the conversation about early warning signs, [Ms Veronesi] articulated a satisfactory relapse prevention and safety plan should she either experience mental health deterioration or an acute mental health crisis. This, too, offers reassurance of the positive nature of her psychiatric condition's prognosis.
"...continuation of treatment...".
a) The treatment reports provided by [Dr C] and [Mr. F] supported [Ms Veronesi's] account of stable mental health and sustained treatment concordance over the last year.
b) [Ms Veronesi's] clinical presentation when I examined her on [...] September 2025 supported her account that she was concordant with prescribed antidepressant medication. I reached this conclusion due to the absence of symptoms and signs of untreated, acute MDD, or any psychiatric disorder, when I examined her.
c) To ensure [Ms Veronesi's] MDD remains in remission, it is necessary and appropriate for her to continue with evidence-based treatment inclusive of an antidepressant agent and psychological/counselling-type interventions in the medium term.
"...any other recommendations".
a) I have no additional recommendations to make regarding [Ms Veronesi's] treatment for her existing psychiatric disorder of MDD."
"The treatment reports provided by [Dr C] and [Mr F] supported [Ms Veronesi's] account of stable mental health and sustained treatment concordance over the last year."
"[Ms Veronesi's] clinical presentation when I examined her on [...] September 2025 supported her account that she was concordant with prescribed antidepressant medication."
"I reached this conclusion due to the absence of symptoms and signs of untreated, acute MDD or any psychiatric disorder, when I examined her."
"To ensure [Ms Veronesi's] MDD remains in remission, it is necessary and appropriate for her to continue with evidence-based treatment inclusive of an antidepressant agent and psychological/counselling-type interventions in the medium term."
I certify that the preceding fifty (50) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Howard.