NSW Will Local Court Results Affect Federal Circuit Court Ruling?

[Philly2020]

Currently, in Federal Circuit Court with child matters, of which final orders have been requested, however, the matter has been adjourned until results from hearing in the local court.

Father was facing 2 breaches of avo against the mother (children are listed on avo but were not involved in breaches), and the mother requesting the avo be extended.

The father was found guilty of both breaches although the judge believed they were 'inadvertently' breaches, and the father was penalised with a section 10 good behaviour bond. The judge also made further orders to extend the avo which is no contact at all and includes the children, for a further 12 months.

My question is, as the Federal Circuit Court were waiting on these results before making final orders, now that the father was found guilty and the avo extended, this can only be in the interest of the mother who is requesting the preservation of an existing no contact injunction, correct?

Is the Federal Circuit Court judge likely to take into consideration that the local court judge found the father guilty (but only inadvertently), hence the less severe punishment? Or is guilty regardless of what penalty has been imposed?

 

[Atticus]

Is the fcc judge likely to take into consideration that the local court judge found the father guilty (but only inadvertently), hence the less severe punishment? Or is guilty guilty regardless of what penalty has been imposed?

Family court judges can exercise a fair degree of discretion, BUT, legislation around family violence not quite so much... The act talks about the best interests of children being paramount, & the primary considerations are:

(a) the benefit to the child of having a meaningful relationship with both of the child's parents; and

(b) the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.

Greater weight is given to (b)

That said, the court has the power to make orders that are inconsistent with current FVO's , meaning it can make an order for contact even though a current FVO restricts or prevents it... Whether that happens will come down to the events around the FVO & the weight a judge decides is should be given... So, no there are no 'black & white' rigid rules around this sort of thing... Perhaps you could propose supervised visits for the 12 month period if it's looking like no contact otherwise.