Bridges & Wyatt

[2022] FedCFamC2F 805

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Bridges & Wyatt [2022] FedCFamC2F 805   

File number(s):

ROC 488 of 2022

Judgment of:

JUDGE DEMACK

Date of judgment:

6 June 2022

Catchwords:

FAMILY LAW – Parenting – Interim – where child has been living with a non-parent pursuant to a final consent order – where the mother has withheld the child following alleged disclosures of sexual abuse by the father – where the child has expressed a view to live with the mother – where the child has expressed suicidal ideation – where the statutory child protection authority is involved   

Legislation:

Family Law Act1975 (Cth) pt VII

Cases Cited:

C & S [1998] FamCA 66

Morgan & Miles [2007] FamCA 1230

Division:

Division 2 Family Law

Number of paragraphs:

41

Date of last submission/s:

2 June 2022

Date of hearing:

2 June 2022

Place:

Mackay

Solicitor for the Applicant:

Ms Goodwin

First Respondent:

Self-Represented Litigant

Second Respondent:

Self-Represented Litigant

Independent Children’s Lawyer:

Lyrene Wiid Lawyer & Migration Agent

Interested Party: 

Department Of Children, Youth Justice And Multicultural Affairs

ORDERS

ROC 488 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR BRIDGES

Applicant

AND:

MS WYATT

First Respondent

MR C BRIDGES

Second Respondent

ORDER MADE BY:	JUDGE DEMACK
DATE OF ORDER:	6 JUNE 2022

THE COURT ORDERS UNTIL FURTHER ORDER:

1.That the mother is to provide the child X born in 2022 (“the child”) to the paternal grandfather, Mr BRIDGES at 3:00pm on 7 June 2022 at the Suburb D Police Station, E Street, Suburb D.

2.That if the child is not made available to the paternal grandfather, a recovery order will issue upon receipt of an affidavit from the solicitor for the paternal grandfather outlining the failure of the mother to comply with Order one (1) herein.

3.That the child X born in 2010 live with the paternal grandfather, Mr BRIDGES on an interim basis until further order of the Court.

4.That the mother is prohibited from and an injunction issue prohibiting her from advising the child of the handover at any point in time, prior to 9:00am on 7 June 2022.

5.That a copy of today’s order be provided to the Department Of Children, Youth Justice and Multicultural Affairs.

6.That the parties’ personal appearance is required on 13 June 2022.

7.That all parties have leave to appear by telephone link on 13 June 2022 and are required to dial into the Court on 02 9338 2221, you will then  be asked to enter a participant code, please use ….

8.That the matter be adjourned to 11.30am on 13 June 2022 in the Federal Circuit and Family Court of Australia in Rockhampton.

IT IS NOTED:

A.That pursuant to section 65DA(2) of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Attachment A and these particulars are included in these orders.