Bouras and Bouras and Anor

[2007] FamCA 735

FAMILY COURT OF AUSTRALIA

BOURAS & BOURAS AND ANOR [2007] FamCA 735

FAMILY LAW - CHILDREN - Proceedings where Applicant is the adult sister of the child - Where matter resolved after three days of evidence and following substantial negotiations - Where decision was required as to when changeover should take place

Family Law Act 1975

Applicant: MS E BOURAS

First Respondent: MRS C BOURAS

Second Respondent: MR BOURAS

Independent Children’s Lawyer: Maria Barbayannis

File Number: MLF 68447 of 1980

Date Delivered: 28 June 2007

Place Delivered: Melbourne

Judgment of: Carter J

Hearing Date: 28 June 2007

Representation

Counsel for the Applicant: Mr J Williams

Solicitor for the Applicant: Mason Tier Turnbull

Counsel for the first Respondent: Mr D Mort

Solicitor for the First Respondent: Berger Kordos

The Second Respondent: In Person

Address for the Second Respondent: N/A

Independent Children’s Lawyer Counsel: Mr G Glover

Independent Children’s Lawyer Solicitor: Maria Barbayannis & Assoc

Orders

In the matter of Bouras, MLF 68447 of 1980 I make the following orders:

1. That the child, M, born in May 1993, be forthwith given into the care of the applicant in these proceedings; namely, her sister, Ms E Bouras.

2. That Ms B and the Independent Children’s Lawyer are hereby authorised and requested to explain to M that her parents and sister have reached an agreement that her place of residence is to change, and to do all acts and things as may be possible to assist M in understanding the implications of that order.

3. Otherwise, the matter be adjourned until 10 o’clock tomorrow, 29 June 2007.

4. That my Associate advise Ms B and the Independent Children’s Lawyer of this order by telephone forthwith.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 68447  of 1980

MS E BOURAS

Applicant

and

MRS C BOURAS

First Respondent

and

MR BOURAS and OTHERS
Second Respondent

and

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. I will expand upon my reasons later, but it is necessary to do something quickly in the circumstances, given the hour and the fact that people other than the parties are involved.  The only expert advice I have at the moment came from the Bar table, but was obtained in a conference call when all relevant people have been present and able to make their suggestions and ask their questions.  Whilst I accept that the precise details of how the changeover is to take place  have not been able to be resolved, the expert evidence that we have at the moment is that an immediate change would be in M's best interests, both as far as school is concerned and as far as her living arrangements are concerned.

2. If I had been asked to decide this without the benefit of that input, it is more than likely I would have made that decision myself anyway.  I appreciate that it has been a courageous decision that the mother has made.  For M’s sake, the difficulty - and there will be a difficulty, as everybody acknowledges - should be obviously minimised, and should not, above all, be prolonged.

3. It is always difficult to say goodbye, and I am troubled by the concept of this 14 year old being in the situation as was described to me by the mother during the course of these proceedings of sitting on her mother's lap and crying till 10 or 11 o'clock at night.  That would not only be not in M's best interests; it would almost be a toxic environment for her, and I just am not at all comfortable that the mother would be able to let her go as easily - and I use the word very carefully - as easily as what would happen, if the break is a clean break and takes place tonight. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Carter.

Associate:                 

Date:    20 July 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as BOURAS & BOURAS