Chan & Phu

[2012] FMCAfam 1300

FEDERAL MAGISTRATES COURT OF AUSTRALIA

CHAN & PHU [2012] FMCAfam 1300

FAMILY LAW – Children – parenting– parenting orders – application to vary earlier orders – interim orders – child’s schooling – what school the child is to attend in 2013 and subsequent years – parental responsibility – equal shared parental responsibility – sole parental responsibility.

PRACTICE AND PROCEDURE – Appointment of Independent Children’s Lawyer – where there is an intractable conflict between the parties.

Child Support (Assessment) Act 1989 (Cth), s.116
Family Law Act 1975 (Cth), ss.60CA, 60CC, 61DA, 61DB, 64B, 65AA, 65DAA, 68L
Federal Magistrates Court Rules 2001 r. 15A.05

Chan & Phu [2010] FMCAfam 1084
Re G: Children’s Schooling [2000] FamCA 462; (2000) 26 Fam LR 143; FLC 93-025
Goode v Goode [2006] FamCA 1346; (2006) 36 Fam LR 422; FLC 93-286
Re K (1994) 17 Fam LR 537; FLC 92-461

Applicant: MR CHAN

Respondent: MS PHU

File Number: SYC 1714 of 2010

Judgment of: Scarlett FM

Hearing date: 14 November 2012

Date of Last Submission: 14 November 2012

Delivered at: Sydney

Delivered on: 6 December 2012

REPRESENTATION

The Applicant: Appeared in person

The Respondent: No appearance

ORDERS

1. The Applicant and the Respondent are to have equal shared parental responsibility for the child X born (omitted) 2001 until further Order.

2. Order 14A made on 15 October 2010 is suspended until further order.

3. The Application for Interim Order filed on 5 June 2012 is dismissed.

4. The interests of the child X born on (omitted) 2001 are to be independently represented by a lawyer under the provisions of section 68L of the Family Law Act 1975 and for this purpose Legal Aid NSW is requested to arrange such representation.

5. Within fourteen (14) days the parties are to forward to Legal Aid NSW at (omitted), Sydney NSW copies of all Applications, Responses, affidavits and all other documents filed to date for the use of the Independent Children’s Lawyer when appointed.

6. The Independent Children’s Lawyer is granted leave to issue up to ten (10) subpoenas in this proceeding.

7. The Application is adjourned to 29 January 2013 for further mention.

IT IS NOTED that publication of this judgment under the pseudonym Chan & Phu is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYC 1714 of 2010

MR CHAN

Applicant

And

MS PHU

Respondent

REASONS FOR JUDGMENT

1. This is an Application by the father for orders relating to the parties’ daughter X, who lives with her mother, the Respondent.

2. On an interim basis, the father seeks an urgent order providing for the child to commence High School at (omitted) in 2013.

3. The interim Application needs to be seen in the context of the father’s substantive Application, which seeks more extensive final Orders. The proposed final orders are:

   a)a variation to Order 14A made on 15 October 2010, which provided for X to attend (omitted) High School with effect from the commencement of the first school term in 2013;

   b)if the…