FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Bergeron & Bergeron (No 2) [2022] FedCFamC2F 722
File number(s): SYC 7747 of 2018 Judgment of: JUDGE MORLEY Date of judgment: 26 May 2022 Catchwords: FAMILY LAW – Procedure – application for a stay of final orders – final orders for children to change residence – whether Court has jurisdiction to grant stay – whether Court has power to grant stay – whether Court will exercise its power to grant a stay – where Court finds it has jurisdiction and power to grant stay – where Court exercises power to grant stay for three and a half weeks on terms and conditions – applicant to the stay consented to orders including spend-time-with orders as a condition of the stay – Court made additional orders as conditions of the stay. Legislation: Family Law Act 1975 (Cth) s 45.
Family Law Rules 2004 (Cth) r 109.
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth).
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.31, 1.32, 13.12.
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 38.
Cases cited: Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Cape & Cape [2013] FamCAFC 114
EJK & TSL (No. 2) [2006] FamCA 806
Maidment & Insley [2022] FedCFamC1A 48
Sheldon & Weir (No. 4) [2010] FamCA 1214
Tran & Long (No. 2) [2008] FamCAFC 922
Division: Division 2 Family Law Number of paragraphs: 63 Date of hearing: 26 May 2022 Place: Sydney Counsel for the Applicant: Mr O’Reilly Solicitor for the Applicant: The Norton Law Group Counsel for the Respondent: Mr Looney QC Solicitor for the Respondent: KMJ Family Law Solicitor for the Independent Children's Lawyer: Mr Wilkins of Phillip A Wilkins & Associates ORDERS
SYC 7747 of 2018 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS BERGERON
Applicant
AND: MR BERGERON
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
JUDGE MORLEY
DATE OF ORDER:
26 MAY 2022
PENDING FURTHER ORDER, THE COURT FURTHER ORDERS THAT:
1.These orders are stayed until 11:30AM today 26 May 2022.
2.Leave is granted to the Mother to make a verbal application for a time-limited stay of the final orders made today.
3.Orders 5 to 18 of these orders are stayed until 4:00PM on 24 June 2022 on terms and conditions.
4.It is a condition of the stay granted today that the children Y born in 2014 and Z born in 2017 spend time with their Father each Saturday, unsupervised, from 9:00AM until 5:00PM.
5.It is a condition of the stay granted today that the children W born in 2010 and X born in 2013 spend time with their Father in company with their younger sisters Y and Z on the occasions provided in these orders on occasions where they express any wish to spend that time with their Father.
6.It is a condition of the stay granted today that changeover for Y and Z and,…
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