FEDERAL CIRCUIT COURT OF AUSTRALIA
| BIRKETT & BIRKETT & ANOR | [2017] FCCA 2503 |
| Catchwords: FAMILY LAW – Summary dismissal Application by parents in relation to maternal Grandmother’s Application to spend time with children – parents and Grandmother totally estranged – Grandmother has not spent time with the children for approximately 18 months with limited time beforehand – principles in relation to summary dismissal – consideration of “best interests” of children also relevant factor – need to protect children from exposure to entrenched family discord – application granted. |
| Legislation: Family Law Act 1975 (Cth), Part VII, 60B(2), 64B Federal Circuit Court of Australia Act 1999 (Cth), s.17A |
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- Case
- [2017] FCCA 2503
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to grant the Grandmother's application for orders concerning communication with the children, and if so, on what terms. The Court was required to consider the best interests of the children in determining the scope of any such orders.
Judge Neville reasoned that while it was in the children's best interests to receive birthday and Christmas cards from their Grandmother, and directed that such communication be passed on, the broader application for further orders was to be dismissed. This decision was made pursuant to section 17A of the *Federal Circuit Court of Australia Act 1999*.
Consequently, the Grandmother was permitted to send cards, but her application was otherwise dismissed. The Court ordered that each party bear their own costs, unless an application regarding costs was filed within 14 days of the orders being made.
Orders
Orders of the court
1.
The Grandmother be permitted to send birthday and Christmas cards to the children, Y and X, and their parents are directed to ensure that such communication is passed to the children;
2.
Otherwise, pursuant to s.17A of the Federal Circuit Court of Australia Act 1999, the Grandmother’s Application, filed 3rd May 2017, be dismissed;
3.
Absent any Application in relation to costs being filed within 14 days of the date of these Orders, each party is to pay his o0r her own costs.
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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