Chranley and Smart (No. 10)

[2007] FamCA 1452

FAMILY COURT OF AUSTRALIA

CHRANLEY & SMART (NO. 10) [2007] FamCA 1452

FAMILY LAW – CHILDREN – Consent Orders

Family Law Act 1975 (Cth)

APPLICANT: Mr Chranley

RESPONDENT: Ms Smart

INDEPENDENT CHILDREN’S LAWYER: Graeme D Hemsley

FILE NUMBER: ADF 4779 of 2000

DATE DELIVERED: 4 December 2007

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 3 and 4 December 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Selp-Represented

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Self-Represented

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Mellows

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Graeme D Hemsley

Orders

1. Order made by way of final orders this day signed by the Honourable Justice Dawe.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 4779 of 2000

MR CHRANLEY  

Applicant

And

MS SMART  

Respondent

REASONS FOR JUDGMENT

1. I now make the orders by way of final orders this day signed by me and note that the Independent Children’s Lawyer will engross the order for sealing within seven days. 

2. As indicated, I propose to make a few remarks, even though this matter is now resolved by consent orders.

3. I congratulate the parties and the Independent Children’s Lawyer in coming to a conclusion by agreement.  This is, I hope, a significant step forward for the parties but more importantly for the child S, so that she will be able to move on in her life and develop, with the assistance of two parents who are now focusing upon S' future welfare. 

4. I consider it to be a significant benefit to S that these proceedings have concluded.  It is also a significant benefit to S that these proceedings have concluded without the tension and difficulties in a relationship which can be caused by cross-examination in final proceedings between the parties in open, public court.

5. I have indicated to the parties that, after this amount of litigation and the final consent orders are now made concerning S it will be important for the parties to take all necessary steps to cooperate and work towards S' best interests before even considering taking steps to bring further litigation.

6. The referral to the KidsAreFirst program is hopefully going to be of considerable assistance to the parties, so that they can have the benefit of those professional services.  At the same time S can have the benefit of those services, which will enable her to develop without the difficulties of court proceedings.

7. Both parties are aware that I have made remarks that if unnecessary, unwarranted proceedings are brought in this court then the court will certainly give serious consideration to the application of the provisions of the Act, the Rules and any inherent jurisdiction, to ensure that unwarranted, vexatious or frivolous proceedings are not continued.

8. I am sure that the parties also recognise that it is not in S’ best interests for the parents to be embroiled in proceedings in the future. 

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe 

Associate

Date:  14 December 2007