FAMILY COURT OF AUSTRALIA
| BENDER & MATTHEWS | [2018] FamCA 184 |
| FAMILY LAW – CHILDREN – Where final orders were made in 2013, 2014 and 2015 but another application is made by the mother to remove supervision restrictions. Where there are no changes of circumstances – Application dismissed. | |
| Family Law Act 1975 (Cth) Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) | |
| Matthews & Bender (2015) FamCA 654 Neil v Nott (1994) 121 ALR 148 Poisat & Poisat [2014] FamCAFC 128; (2014) FLC 93-597 Rice and Asplund (1979) FLC 90-725: |
| APPLICANT: | Ms Bender |
| RESPONDENT: | Mr Matthews |
| FILE NUMBER: | MLC | 3524 | of | 2008 |
| DATE DELIVERED: | 27 March 2018 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 22 March 2018 |
REPRESENTATION
| THE APPLICANT: | In Person |
| THE RESPONDENT: | In Person |
Orders
That the mother’s application filed 26 October 2017 and the father’s response filed 5 December 2017 are dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Bender & Matthews has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 3524 of 2008
| Ms Bender |
Applicant
And
| Mr Matthews |
Respondent
REASONS FOR JUDGMENT
This parenting dispute between Ms Bender (the mother) and Mr Matthews (the father) has been going on for nearly ten years since they separated in 2007. Before that, they had lived together for about four years during which they married. In that time, M (the child) was born. She is now not far off her 13th birthday.
The present application
The present proceeding was begun as an application by the mother to change the existing parenting orders that have been extant for four years. As the mother said, she has spent seven months with a psychologist and is now ready to parent the child “amicably” with the father. She submitted she had “come a long way”, having regretted that she kept the father out of the child’s life which ultimately led to the child going to live with him under a court order in 2013. She said the child needed a mother because of her age.
The mother makes no secret of the fact that, as she sees it, there is no justice in the Family Court. She complained she was not allowed to give explanations for what she saw had happened but she also accused the father of “colluding” with a private contact supervision facilitator to preclude her from being with the child. There is no foundation for any of these complaints as I shall endeavour…
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- AGLC
- BENDER & MATTHEWS [2018] FamCA 184
- Case
- [2018] FamCA 184
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the mother had demonstrated a sufficient change in circumstances to warrant the variation or removal of the existing supervision restrictions. The court was required to consider the impact of any alleged changes on the welfare of the children concerned.
Cronin J dismissed the mother's application, finding that there had been no material change in circumstances since the making of the final orders. The court applied the principle that, in the absence of a significant change in circumstances, final parenting orders are generally to be upheld to provide stability and certainty for the children. The existing restrictions were deemed to remain necessary and appropriate.
Consequently, the mother's application filed on 26 October 2017, and the father's response filed on 5 December 2017, were dismissed.
Orders
Orders of the court
1.
That the mother’s application filed 26 October 2017 and the father’s response filed 5 December 2017 are dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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