Alaman and Dekoning

[2007] FamCA 483

FAMILY COURT OF AUSTRALIA

ALAMAN & DEKONING [2007] FamCA 483

FAMILY LAW - CHILDREN - With whom child spends time with - Relationship between father and child - Not in best interests of child for there to be any further forced meetings or time with father or communication - Position may alter over time as child matures and makes his own decisions. 

APPLICANT: MR ALAMAN

RESPONDENT: MS DEKONING

INDEPENDENT CHILDREN’S LAWYER: MS WILLIAMS

FILE NUMBER: ADF 3476 of 2002

DATE DELIVERED: 15 February 2007

PLACE DELIVERED: Adelaide

EX TEMPORE REASONS OF: Burr J

HEARING DATE: 15 February 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: In Person but no appearance

COUNSEL FOR THE RESPONDENT: In Person

INDEPENDENT CHILDREN’S LAWYER : Ms Williams

INDEPENDENT CHILDREN’S SOLICITOR: Alderman Redman

Orders

1. That the father’s applications before the Court be dismissed.

2. That the appointment of the Independent Children’s Lawyer be discharged

3. That all matters be removed from the pending list.

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 3476 of 2002

MR ALAMAN

Applicant

And

MS DEKONING

Respondent

REASONS FOR JUDGMENT

1. I have before me the father's application to spend time with his son JLJ (formerly JZJ) (“[the child]”), who was born in May 1995.

2. The proceedings now have a long history.  It started with a need, in my view, to ensure that the child could handle knowing that the applicant father was his father and, after receiving the advice that he could, a number of steps were taken to try and achieve a child-focused introduction of the child to his father.

3. There were some very promising signs, with the support of the mother.  However, everything seems to have come adrift after the father undertook a trip to Jordan of recent times.  On his return he found that he was unable to re-establish his improving relationship with the child; and there is a detailed Family Report now before the Court dated 9 January 2007 which provides all of the detail as to the complex issues that arose.

4. The mother has, at times, given me some insight as to the pressures that are upon her from a wide variety of directions.  My obligation under the Act, now embodied in section 60CA, though, was always to pursue what I considered to be in the child's best interests and that at times needs to disregard the interests of the adults in his life.  However, the point has now been reached where quite clearly it would not be in the child’s best interests for there to be any further forced occasions of meetings or time with the father.

5. The passage of time may well alter that.  The child certainly showed more than curiosity at some middle stages of the proceedings.  It is unlikely that his curiosity has been satisfied but for now he does not need those additional stresses in his life.  It could well be that, as he becomes a young man, he will make his own decisions about whom it is he wants to involve in his life and how that is to be achieved.  For now, however, I am satisfied that it does not represent the child's best interests that there be any further orders that he spend time with his father or communicate with him.  That position is supported by the Independent Children's Lawyer.

I certify that the preceding 5 paragraphs are a true copy of the Ex tempore Reasons of the Honourable Justice Burr

Associate: 

Date: 

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as ALAMAN & DEKONING