FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Carpenter & Woodward [2021] FedCFamC2F 600
File number(s): MLC 1855 of 2021 Judgment of: JUDGE BENDER Date of judgment: 24 November 2021 Catchwords: FAMILY LAW – PARENTING – The Mother’s application for parenting orders – the Father has not filed any material and has not participated in proceedings – the children have spent no time with the Father since January 2021 following an incident relating to the Father’s heavy drug usage.
HELD – The Mother have sole parental responsibility for the children – the children to live with the Mother and spend time with the Father as agreed between the parties in writing.
FAMILY LAW – PROPERTY – The Wife’s application for property orders – the Husband has not filed any material and has not participated in proceedings – the parties do not hold any assets – the property pool consists of the Husband’s interest in his late mother’s estate.
HELD – The executor of the estate of the Husband’s late mother be joined as a party to the proceeding – the Second Respondent cause any interest they currently hold on behalf of the Husband in the estate to be transferred to the Wife.
Legislation: Family Law Act 1975 (Cth) Cases cited: Calvin & McTier [2017] FamCAFC 125
Bonnici & Bonnici [1991] FamCA 86Division: Division 2 Family Law Number of paragraphs: 71 Date of hearing: 24 November 2021 Place: Bendigo Solicitor for the Applicant: Ms Buchanan of Reign Legal Counsel for the Respondent: The Respondent did not appear ORDERS
MLC 1855 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CARPENTER
Applicant
AND: MR WOODWARD
Respondent
ORDER MADE BY:
JUDGE BENDER
DATE OF ORDER:
24 NOVEMBER 2021
THE COURT ORDERS THAT:
1.The Applicant has sole parental responsibility for the children X born in 2008 (“X”), Y born in 2010 (“Y”) and Z born in 2012 (“Z”) collectively (“the children”).
2.The children live with the Applicant and spend time with the Respondent only by agreement in writing with the Applicant.
3.The Applicant be at liberty to serve a copy of these orders on the children’s school, general practitioner, treating psychologists or mental health counsellors or any other party as determined to be necessary by the Applicant.
4.Ms B, in her capacity as the executor of the estate of Ms C be joined to these proceedings as the Second Respondent (‘the Second Respondent”).
5.Within 28 days of the date of these Orders, the Second Respondent do all acts and things, and sign all documents necessary to cause any interest they hold on behalf of the Respondent in the property located D Street, Town E in the State of Victoria, being more particularly described in Certificate of Title Volume … Folio … to be transferred to the Applicant.
6.Within 28 days of the date of these Orders, the Second Respondent will do all acts and things, and sign all documents necessary to pay to the Applicant any money they…
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- AGLC
- Carpenter & Woodward [2021] FedCFamC2F 600
- Case
- [2021] FedCFamC2F 600
- Decision Date
CaseChat Overview and Summary
The final orders included granting the Mother sole parental responsibility for the children, requiring the children to live with her and spend time with the Father only by written agreement. The Court also ordered the executor of the Father’s late mother’s estate to transfer the Father’s interest in a property and any held funds to the Mother, and required the parties to retain their respective property with some exceptions. All other applications were dismissed, and the matter was removed from the pending cases list.
Orders
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