There is a parenting Application in a Proceeding before the Federal Circuit and Family Court of Australia at Sydney in Division 2. You act for the Applicant Father. The parenting Application has been placed in the specialist "Evatt List" operated by the FCFCOA. Case Outline Document for your client's case which is to be filed with the Court prior to the hearing. In your Case Outline Document, you should:

1. Identify the issues in dispute.

2. Identify and apply the following in your Outline of Contentions, where appropriate:

a. Relevant and current provisions in the Family Law Act (Cth) and the Family Law Rules that apply;

b. Relevant and recent cases concerning children, particularly where family violence is a factor (so you will need to research: see below);

c. Relevant social science literature, reports or guidelines about parenting, family violence and attachment theory, that reinforce the submissions for your clients' application (so you will need to research: see below).

3. Formulate the Minute of Orders sought you are seeking, consistent with your submissions;

4. Footnote all sources you use in preparing your Case Outline Document;

5. Use headings to structure your Case Outline Document and number your paragraphs.

PROBLEM SCENARIO

This is an urgent matter involving Ethan Grants (aged 32) and Fiona Listers (aged 28). Ethan and Fiona have a daughter named Mia (aged 4, born 22 March 2020).

On 31 December 2023 (NYE), Ethan and Fiona came home after an evening out with Mia. They made it to the 9pm fireworks with their daughter Mia. Mia had a terrific time and each of Ethan and Fiona enjoyed their time with Mia who is able to seamlessly go from Ethan to Fiona and from Fiona to Ethan without hesitation or clinginess to either - she has primary attachment to both of her parents and each of Ethan and Fiona have been engaged in sharing the role of raising Mia for sometime; Ethan worked from home with Fiona during the Covid Lock downs and was very hands on in Mia's upbringing with both Ethan and Mia being involved in feeding (she was bottle fed), bathing, soothing and changing Mia as well as playing with her.

When Ethan and Fiona got home, they put Mia to sleep and had a drink together on the balcony of their apartment. They decided to share some wine together.

Ethan and Fiona have had ongoing issues in their relationship for some time with Ethan being distant and Fiona feeling that Ethan has not been putting enough time into their relationship. In addition, Ethan has long suspected Fiona has a drinking problem as he has found empty bottles of wine around the house from time to time and Fiona has long suspected, Ethan uses cocaine recreationally most weekends to excess. Neither Ethan or Fiona have been diagnosed with any mental health issues.

Ethan works long hours though he is able to frequently work from home when he needs to. Fiona has assumed the role of stay-at- home mother and is engaged in the day-to-day care of Mia whilst Ethan works. Ethan works 2 days a week from home being the days that Mia is at pre-school (Tuesday and Thursday) and he takes Mia to and from pre-school on these days. Fiona has Mia in her care at home on Monday, Wednesday and Friday. It is Fiona's plan to return to full-time work when Mia starts school next year at a local primary school. Mia does dancing on Mondays and Fiona takes Mia to dancing on Mondays (she goes for 1 hour at a dance school for toddlers where Mia basically runs around in a tutu). On weekends Ethan and Fiona generally take Mia to their respective parents homes on either a Saturday or Sunday so that Mia can spend time with her grandparents and her cousins on both sides of the family. Mia has strong attachments to both sides of the family.

Fiona's biggest criticism of Ethan is that he is controlling in that Fiona often perceives comments made by Ethan to her to be controlling of her - Ethan will say things like "I don't like it when you wear that, you look better in that" or "you are spending too much money on your make-up, we need to budget" or "I don't like when you hang out with Rebecca (Fiona's closest friend) because she always talks shit about us - she is unhappy with her life and wants you to be unhappy".

Ethan often says that he doesn't like Fiona ringing him at work all the time; Fiona calls him frequently throughout the day and if he doesn't answer she will accuse him of either being at the pub with work colleagues or seeing other women during the day - something Ethan frequently denies.

As the two shared glasses of wine waiting for the New Year, Ethan's phone went off with a text message from an unknown number. Ethan picked up the phone, read the message, texted back, and then put the phone back down facing downwards so that the screen of the phone was not visible to he and Fiona.

Fiona, curious about why Ethan would do that, and long suspecting Ethan has been hiding something from her, asked Ethan: "who was that?"Ethan replied with: "no body". Ethan got up, taking his phone with him to go to the bathroom. When he returned Fiona said: "who was that Ethan?". Ethan replied: "it's none of your f**king business", angrily. Fiona reached across to Ethan and grabbed the phone which he had again set-down on the table when he returned from the bathroom. Each of Ethan and Fiona differ in their retelling of what happened next but both accuse the other of becoming violent and both accuse the other of snapping and becoming very emotional. The two have physical bruising as a result of what was apparently a scuffle over access to the phone.

A nearby neighbour heard Fiona screaming: "Help. Help" and as a result called the police who came to their apartment on emergency. When the police attended upon the scene, they observed that each Ethan and Fiona had bruises and scars (Ethan had bruising to his eye and scratches on his arms and Fiona had bruising to her neck as well as her legs). The police took each of Fiona and Ethan aside to talk to them, both were very emotional and both accused the other of being the aggressor with Ethan suggesting that he had tried to restrain Fiona from hitting him and Fiona alleging that Ethan was trying to choke her and she had hit and scratched Ethan to get him off her. Both have mentioned that the argument commenced over access to the phone.

Mia was awoken by the shouting and came out in the midst of the argument to see her parents on the floor in a physical altercation just as the police had arrived. Ethan is taken in that night, given an ADVO for Fiona's protection. An ADVO is not taken out for Mia's protection. Ethan is unable to go to the apartment or Fiona's work place. He speaks to a criminal lawyer who discourages him from calling Fiona and to communicate through a family law solicitor.

Ethan files proceedings at the FCFCOA seeking orders in relation to Mia. He files immediately a week after leaving the home and seeks to spend time with Mia immediately. The matter is placed in the Evatt list with the parties given an immediate interim hearing date on 13 February 2024. Orders have been made in chambers by the Evatt list registrar seeking the production of material under 69ZW of the Act including material from NSW Police and DCJ. The DCJ material records no events save for concerns reported by someone not known to the family in relation to Mia - Mia's mother has apparently been seen going to and from her apartment when Ethan is not home smelling of alcohol with DCJ recording the events but not doing anything further with the report. Aside from the event referred to in this scenario above, there was no further information provided by the Police.

You act for ETHAN GRANTSwho is your client.