BA and GA

[2003] FMCAfam 485

FEDERAL MAGISTRATES COURT OF AUSTRALIA

BA & GA [2003] FMCAfam 485

FAMILY LAW – Contravention of contact order – whether prima facie case made out.

PRACTICE AND PROCEDURE – Representation by unqualified person – whether leave should be granted to permit that representation – affidavits – affidavit of illiterate person.

Family Law Act 1975
Federal Magistrates Act 1999 (Cth) s.44
Federal Magistrates Court Rules 2001, Rule 15.27

P & R (No.1)[2002] FMCAfam 65
McKenzie & McKenzie [1970] 3 All ER 1034; 3 WLR 472
Cooke & Stehbens (1998) 24 Fam LR 5; (1999) FLC 92-839

Applicant: A B

Respondent: B G

File No: PAM 2995 of 2003

Delivered on: 6 November 2003

Delivered at: Parramatta

Hearing date: 3 November 2003

Judgment of: Scarlett FM

REPRESENTATION

Solicitor for the Applicant: Mr Samuel

Solicitors for the Applicant: Pappas, J-Attorney

The Respondent appeared on her own behalf.

ORDERS

1. In respect of count number 1 of the Application filed on 25 July 2003 alleging that the Respondent did on 6^th and 20^th April 2003 contravene Order 4(a) made by consent on 21^st February 2002, the allegations are found proved.

2. In respect of count number 2 of the said Application alleging that the Respondent contravened Order 4(d) made by consent on 21 February 2002, the allegation is found proved.

3. The Respondent has not proved that she had a reasonable excuse for the above contraventions.

4. In all other respects the application is dismissed.

UNTIL FURTHER ORDER

1. All contact pursuant to Order 4(a) of the Orders made on the
   21^st February 2002 is to take place at the home of the paternal grandparents.

2. Telephone contact pursuant to Order 4(d) of the Orders made on the 21^st November 2002 is to recommence on the 12^th November 2003.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
PARRAMATTA

PAM 2995 of 2003

A B

Applicant

And

B G

Respondent

REASONS FOR JUDGMENT

Application

1. This is an application by the father of a little girl called A F B, who was born on 7^th April 2000, for orders against the mother for alleged contraventions of contact orders made by consent in the Family Court. The father says that the mother has contravened these Orders, which were all made on 21^st February 2002.

2. The Orders that the father says that the mother has contravened are:

   (a)Order 4(a), which provides for face to face contact each alternate week;

   (b)Order 4(d), which provides for telephone contact each alternate Wednesday;

   (c)Order 7, which provides that the parties should advise each other of any change of address; and

   (d)Order 8, restraining the parties from taking the child overseas.

3. The father alleges that the mother has contravened Order 4(a) on thirty occasions between 12^th May 2002 and 18^th June 2003. He says that the mother has never arranged for the child to contact him by telephone since the orders were made on 21^st February 2002. He says that he does not know where the mother…