Beaufort and Draper

[2017] FCCA 1819

FEDERAL CIRCUIT COURT OF AUSTRALIA

BEAUFORT & DRAPER [2017] FCCA 1819

Catchwords:
FAMILY LAW – Final parenting – children’s best interests – orders made on an undefended basis.

Legislation:

Family Law Act 1975, ss.4, 60CC, 60CC(2A), 60I, 61DA

Federal Circuit Court Rules 2001, r.4.03

VR & RR [2002] FamCA 320
Allesch v Maunz [2000] HCA 40
Tate & Tate (No. 3) (2003) FLC 93-138

Applicant: MS BEAUFORT

Respondent: MR DRAPER

File Number: PAC 2029 of 2017

Judgment of: Judge Harman

Hearing date: 24 July 2017

Date of Last Submission: 24 July 2017

Delivered at: Parramatta

Delivered on: 24 July 2017

REPRESENTATION

Solicitors for the Applicant: Mr Lindo of Macarthur Law Group

The Respondent appeared in person

ORDERS

1. The children, [X] born (omitted) 2000, [Y] born (omitted) 2008 and [Z] born (omitted) 2009, shall live with their mother, Ms Beaufort.

2. Ms Beaufort shall have sole parental responsibility with respect to major issues decisions in relation to [X], [Y] and [Z].

3. IT IS NOTED that no Order with respect to the children’s time or communication or practice of relationship with their father is made and with the intent that Mr Draper is at liberty, subject to compliance with section 60I of the Family Law Act 1975 or exemption therefrom, to make Application for further Orders in relation to the children at such future time as he may desire.

4. Pursuant to S.65DA(2) and S.62B, the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders and details of who can assist parties adjust to and comply with an Order are set out in the Fact Sheet attached hereto and these particulars are included in these Orders.

5. All outstanding Applications and Responses are withdrawn and dismissed and all issues are removed from the list of matters awaiting hearing.

THE COURT NOTES THAT:

1. These orders have been amended pursuant to Rule 16.05(2)(e) of the Federal Circuit Court Rules 2001.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 2029 of 2017

MS BEAUFORT

Applicant

And

MS DRAPER

Respondent

REASONS FOR JUDGMENT

1. These proceedings are commenced by an Application Initiating Proceedings filed on 1 May 2017. 

2. The parties to the proceeding are Ms Beaufort, who is the Applicant and the mother of the children whose interests are the subject of the proceedings. The Respondent is Mr Draper, the children’s father. 

3. The proceedings relate to future arrangements for three children:

   [X], born (omitted) 2000, 17 years of age;

   [Y], born (omitted) 2008, nine years of age; and,

   [Z], born (omitted) 2009, presently seven years of age. 

4. The Application Initiating Proceedings was personally served upon the Respondent on 16 May 2017, more than two months ago. 

5. Rule 4.03 of the Federal Circuit Court Rules 2001 presently provides a period of 14 days from the date of service to file…