Branson & Anor & Merriweather

[2012] FamCA 583

FAMILY COURT OF AUSTRALIA

BRANSON AND ANOR & MERRIWEATHER [2012] FamCA 583

FAMILY LAW - CHILDREN - Where both the Second Applicant and the Respondent have filed Notices of Discontinuance - Where the Independent Children's Lawyer and both Applicants have signed consent Orders - Where the Mother has indicated to the Independent Children's Lawyer that she does not wish to participate in the proceedings and has confirmed with the Independent Children’s Lawyer her consent to the Orders proposed

1st APPLICANT: Mr Branson

2nd APPLICANT: Ms Mason

RESPONDENT: Ms Merriweather

INDEPENDENT CHILDREN’S LAWYER: Ms M Meehan

FILE NUMBER: TVC 393 of 2008

DATE DELIVERED: 26 July 2012

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Kent J

HEARING DATE: 26 July 2012

REPRESENTATION

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: M. M. Meehan

Consent Orders

1. That all previous Orders be discharged.

2. That the Father, Mr Branson, and the maternal grandmother, Ms Mason, have shared parental responsibility for the child, S, born … June 2007, and consult with one another about the major decisions including but not limited to the child’s:

   (a)       Religion;

   (b)       Cultural practices;

   (c)       Schooling; and

   (d)       Significant medical treatment.

3. The Father and the maternal grandmother shall have responsibility for the child’s day-to-day care, welfare and development during such time as the child is in each respective person’s care.

4. The child, S, born … June 2007, live with the Father.

5. The maternal grandmother, Ms Mason, spend time with the child at all reasonable times as agreed between the Father and the maternal grandmother.

6. The Mother, Ms Merriweather, spend time with the child, S, at such times as agreed between the Father and the Mother provided the Mother is supervised by a person approved by the Father and the Mother as arranged in writing.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Branson and Mason & Merriweather has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT TOWNSVILLE

FILE NUMBER: TVC 393 of 2008

Mr Branson & Ms Mason

Applicants

And

Ms Merriweather

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. These are parenting proceedings concerning the child, S, born in June 2007. At the hearing of the application today, there is an appearance on behalf of the Independent Children’s Lawyer for S, and no appearance by any other party. The record will reflect that both the grandmother, Ms Mason, and the Mother, Ms Merriweather, have filed respectively Notices of Discontinuance.

2. The Court has the benefit of the affidavit of the Family Consultant filed on 27 May 2011 and there is also an affidavit of Dr K, filed 29 April 2011. I have given leave this morning to Ms Meehan, the Independent Children’s Lawyer, to file an affidavit setting out recent background, including the expression by each of the parties to their consent to the Orders that are proposed by the Independent Children’s Lawyer.

3. I am satisfied on that affidavit that the Orders are to be treated as and by way of consent. There are handwritten Minutes of Consent Orders that have been signed by the parties, except for the Mother but the affidavit of Ms Meehan confirms that the Mother has expressed her agreement on more than one occasion with those proposed Orders.

4. I am satisfied by reference to the documents to which I have briefly referred that those Orders represent Orders which are in the best interests of S. On that basis, I make Orders in terms of the Minute of Consent Orders now initialled by me and placed with the file.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Kent delivered on 26 July 2012.

Associate: 

Date:  26 July 2012