Atkins and Milburn

[2013] FCCA 2202

FEDERAL CIRCUIT COURT OF AUSTRALIA

ATKINS & MILBURN [2013] FCCA 2202

Catchwords:
FAMILY LAW – Contravention of parenting orders by father – mother alleged that father fails to see children – father asserts parenting order is unenforceable – application dismissed – costs.

Legislation:  

Family Law Act1975 (Cth)

Bale-Sutch & Bale-Sutch (No. 2) (2007) FamCA 590

Applicant: MS ATKINS

Respondent: MR MILBURN

File Number: NCC 550 of 2007

Judgment of: Judge Coakes

Hearing date: 15 November 2013

Date of Last Submission: 15 November 2013

Delivered at: Newcastle

Delivered on: 15 November 2013

REPRESENTATION

Solicitor for the Applicant: Ms Brooks

Solicitors for the Applicant: Legal Aid NSW

Solicitor for the Respondent: Mr Butterworth

Solicitors for the Respondent: Schofield Muir Lawyers

ORDERS

1. The Orders are made in accordance with the terms of settlement handed up in Court today and marked with the letter “A” and attached herein.

2. The Solicitor for the Applicant is to file a clean certified typescript of the Terms of Settlement to be placed on the court file within forty eight (48) hours of today by email.

3. The father’s application for costs for today is refused.

4. The application for contravention filed by the mother on 11 March 2013 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Atkins & Milburn is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT NEWCASTLE

NCC 550 of 2007

MS ATKINS

Applicant

And

MR MILBURN

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

(Edited from the Transcript)

1. In these proceedings, the mother brings an application for contravention asserting that the father did not spend time with the children the subject of these proceedings.  There are three children  X born (omitted) 2001, he is now 12 years and 2 months of age, and twin girls, Y, born (omitted), and Z, born the same day.  They are now 8 years and 9 months of age.  On 9 November 2012, final orders were made by consent which discharged the previous orders. 

2. The later orders – the current orders – provide that the parties have joint parental responsibility for all three children.  The children live with their mother and the children spend time with their father by agreement but failing agreement, as it is then set out in order 4.1:  During New South Wales school terms, from 6 December 2012, every fourth week from the conclusion of school on the Thursday until the commencement of school on the following Monday, and each fourth week in the same fashion. 

3. Order 4.2 provides: for one week of the New South Wales school holidays, at the conclusion of the holidays at the end of terms 1 or 2 or 3 as the father may nominate by giving six weeks’ notice to the mother.  And order 4.3: for two weeks in the term 4 Christmas school holidays and defined as the third and fourth week in odd-numbered years and the first two weeks in even-numbered year.  And order 4.4:  on…