Andrew & Delaine

In the matter of Andrew & Delaine, the husband applied to the court for a stay of parenting and financial orders made by Justice Dawe on 5 December 2008. The husband sought sole parental responsibility for the children and that they live with him, and also sought a stay of orders concerning the distribution of proceeds from property sales.

The court was required to determine whether to grant a stay of the parenting orders pending the husband's appeal, and whether to grant a stay of the financial orders pending his appeal. The court also considered the independent representation of the children.

The court refused to grant a stay of the parenting orders, reasoning that the Full Court would still be in a position to make orders regarding parental responsibility even if the current orders were temporarily in effect. Similarly, a stay of the financial orders was refused on the basis that the husband's appeal would not be rendered nugatory if the property distribution proceeded. The court ordered that the children be independently represented, with arrangements to be made by the Legal Services Commission of South Australia, and that each party provide the Commission with copies of filed documents within seven days to expedite this appointment.

The husband was ordered to pay the wife's costs of the stay application in the sum of $550.00, and his Application in a Case filed on 5 January 2009 was dismissed.