Beckett and Beckett

[2007] FamCA 1581

FAMILY COURT OF AUSTRALIA

BECKETT & BECKETT [2007] FamCA 1581

FAMILY LAW – CHILDREN – Interim orders made for child to spend time with his mother – Allegations made by mother of manipulation and parental alienation and by the father of mother’s lifestyle choices – Mother on dialysis

Family Law Act 1975 (Cth)

APPLICANT: Ms Beckett

RESPONDENT: Mr Beckett

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 4799 of 2007

DATE DELIVERED: 20 November 2007

PLACE DELIVERED: Mildura

PLACE HEARD: Mildura

JUDGMENT OF: Guest J

HEARING DATE: 20 November 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Martin

SOLICITOR FOR THE APPLICANT: Martin Irwin & Richards

COUNSEL FOR THE RESPONDENT: Mr Watson

SOLICITOR FOR THE RESPONDENT: Watson & McLeod

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Napier

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: O'Farrell Robertson McMahon

Orders

1. That the further hearing of the Wife’s Application filed 2 April 2007 and the Husband’s Response filed 19 April 2007 be adjourned to the next Registrars circuit of the Family Court of Australia at Mildura for listing in the Federal Magistrates’ Court of Australia.

2. That Until Further Order the Husband do all things reasonably necessary to arrange the attendance of the one child of the parties marriage namely M born … July 1994 upon Ms D of … Counselling Services (or such other qualified counsellor as the Independent Children’s Lawyer may direct) (“the Counsellor”) for the purposes of improving and developing a relationship between the said child and the Wife.

3. That the Husband and Wife attend the counselling referred to in paragraph 2 herein as recommended by the Counsellor.

4. That the Husband permit and encourage the said child to spend time with the Mother in such manner and on such occasions as recommended by the Counsellor.

5. That the Husband, Wife and child attend upon the Counsellor for the preparation of a family report.

NOTATION

1. The Paternal Grandmother shall attend upon the Counsellor:

   (a)as recommended by the Counsellor for the purpose of counselling referred to in paragraph 2 herein;

   (b)for the purpose of preparing a family report referred to in paragraph 5 herein.

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

FAMILY COURT OF AUSTRALIA AT MILDURA

FILE NUMBER: MLC 4799  of 2007

MS BECKETT  

Applicant

And

MR BECKETT  

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. This matter comes before me in the regional settings of the Family Court of Australia at Mildura.  Ms Martin appears for the applicant wife, Mr Watson for the respondent husband and Ms Napier for the Independent Children's Lawyer.  It is a parenting dispute concerning a 13‑year‑old boy M who was born in July 1994. 

2. Given the time constraint and discrete circumstances in which the matter is before the court it has been agreed between the parties that interim orders be made.  The mother, I understand and accept, was very keen to proceed with the application during the Circuit sittings even if on an interim basis.  It was agreed that the matter, however, was far from ready for trial and such is the case.

3. The mother is alleging parental alienation and for his part the father was alleging that it was the mother's “lifestyle” that had contributed to the children being alienated from her.  It is noteworthy that the mother suffers a severe kidney dysfunction requiring frequent attendance at hospital for dialysis, which has been explained to me by Ms Martin, consisting of some five hours per day on three days per week.

4. I just leave on the file for the benefit of the parties the following observation. Subdivision B of Division 1, Part VII of the Family Law Act 1975 (as amended) sets out the objects of that Part and the principles underlying the objects.  The principles are, that except where it is or would be contrary to M's best interests, he has a right to know and be cared for by both of his parents.  M has a right to spend time on a regular basis with and communicate on a regular basis with both parents and other people significant to his care.

5. So too both the husband and wife jointly share duties and responsibilities concerning M's care, welfare and development and should, where possible, agree about future parenting of their son.  So whilst that is the ideal underpinned with principles and objects, it is one upon which the parties should carefully reflect.

6. What is of real moment in this matter is that the interim orders provide that until further order the husband will do all things reasonably necessary to arrange the attendance of M upon counsellor Ms D or such other qualified counsellors as the Independent Children's Lawyer may direct for the purpose of improving and developing the relationship between M and his mother.  I certainly hope that it transpires to be a good move.  It is my expectation that it will and that there will be a reunion between M and his mother. 

7. The future disposition of the proceedings lies very much within the control of the parties and their being vested with good commonsense, dignity and respect.  The Minutes of Proposed Consent Orders are marked Exhibit “A”.  I make orders in terms of Exhibit “A” and direct solicitors for the applicant wife to engross the orders. 

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate 

Date: 17 January 2008