Baulkham and Lester

Case [2017] FCCA 2311


FEDERAL CIRCUIT COURT OF AUSTRALIA

BAULKHAM & LESTER [2017] FCCA 2311
Catchwords:
FAMILY LAW – Parenting – no dispute over live with – dispute over – whether child should spend any time with father – child strongly resistant  – entrenched attitude – impact on child’s mental and psychological health – position of Independent Children’s Lawyer – whether mother should have sole parental responsibility – final orders in child’s best interests.

Legislation:

Family Law Act 1975, ss.60B, 60CC, 61DA

Cases cited:

Goode & Goode (2006) FLC 93-286
MRR v GR (2010) 240 CLR 461

R & R: Children’s Wishes (2000) FLC 93-000

Applicant: MS BAULKHAM
Respondent: MR LESTER
File Number: MLC 4212 of 2012
Judgment of: Judge O'Sullivan
Hearing date: 7 September 2017
Date of Last Submission: 7 September 2017
Delivered at: Dandenong
Delivered on: 14 September 2017

REPRESENTATION

The Applicant: In person
The Respondent: In person
Solicitors for the Independent Children’s Lawyer: Dandenong Family Lawyers

ORDERS

THE COURT ORDERS THAT:

  1. All previous orders in relation to the child [X] born (omitted) 2006 (“the child”) be discharged.

  2. The mother have sole parental responsibility for the child.

  3. The child live with the mother.

  4. The father communicate with the child in writing not more than once each month to an address provided by the mother and the mother facilitate any request by the child to respond to the father’s letters.

  5. The child spend time with the father as agreed with the mother or in accordance with the child’s wishes.

  6. The mother keep the father informed as soon as reasonably practicable of:

    (a)Any medical problems or illness suffered by the child;

    (b)Any specialist medical appointments for the child with any medical doctor, psychiatrist, psychologist, counsellor or therapist;

    (c)The address for the purpose of the correspondence referred to in paragraph 4 above.

  7. That each of the mother and the father refrain from negatively criticising or denigrating the other parent or members of his or her family or friends to the child or in the presence or within the hearing of the child and the mother and the father do all things reasonably necessary to ensure that no other person makes critical or derogatory remarks about the other parent or members of his or her family or friends to or in the presence or within the hearing of the child.

  8. The Independent Children’s Lawyer explain the meaning and effect of the Orders to the child.

  9. The appointment of the Independent Children’s Lawyer be discharged.

  10. All extant applications be dismissed.

  11. Pursuant to s 65DA(2) of the Family Law Act1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and these particulars are included in these orders.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT DANDENONG

MLC 4212 of 2012

MS BAULKHAM

Applicant

And

MR LESTER

Respondent

REASONS…

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Details
AGLC
Baulkham and Lester [2017] FCCA 2311
Case
[2017] FCCA 2311
Decision Date

CaseChat Overview and Summary

In the matter of Baulkham and Lester, heard by Judge O'Sullivan, the dispute concerned parenting orders for a child born in 2006. The court was required to determine the future arrangements for the child's residence, parental responsibility, and communication between the parents.

The court's reasoning led to a significant alteration of previous orders. It was determined that the mother should have sole parental responsibility for the child, and the child was to live with the mother. Communication between the father and the child was to be limited to written correspondence once a month, with the mother facilitating any response from the child. The child's time spent with the father was to be as agreed with the mother or in accordance with the child's wishes. The mother was also ordered to keep the father informed of the child's medical issues and to provide him with her address for correspondence. Both parents were restrained from making negative remarks about each other or their families to the child, and were required to ensure no other person did so.

The court ordered the discharge of all previous orders concerning the child, the dismissal of all extant applications, and the discharge of the Independent Children's Lawyer. Crucially, pursuant to s 65DA(2) of the *Family Law Act 1975*, the orders included particulars of the obligations created and the consequences of contravention.

Orders

Orders of the court

THE COURT ORDERS THAT:

1.

All previous orders in relation to the child [X] born (omitted) 2006 (“the child”) be discharged.

2.

The mother have sole parental responsibility for the child.

3.

The child live with the mother.

4.

The father communicate with the child in writing not more than once each month to an address provided by the mother and the mother facilitate any request by the child to respond to the father’s letters.

5.

The child spend time with the father as agreed with the mother or in accordance with the child’s wishes.

6.

The mother keep the father informed as soon as reasonably practicable of:

(a) Any medical problems or illness suffered by the child;

(b) Any specialist medical appointments for the child with any medical doctor, psychiatrist, psychologist, counsellor or therapist;

(c) The address for the purpose of the correspondence referred to in paragraph 4 above.

7.

That each of the mother and the father refrain from negatively criticising or denigrating the other parent or members of his or her family or friends to the child or in the presence or within the hearing of the child and the mother and the father do all things reasonably necessary to ensure that no other person makes critical or derogatory remarks about the other parent or members of his or her family or friends to or in the presence or within the hearing of the child.

8.

The Independent Children’s Lawyer explain the meaning and effect of the Orders to the child.

9.

The appointment of the Independent Children’s Lawyer be discharged.

10.

All extant applications be dismissed.

11.

Pursuant to s 65DA(2) of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and these particulars are included in these orders.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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