Conrad and Anor & Harvey

[2009] FamCA 798

FAMILY COURT OF AUSTRALIA

CONRAD AND ANOR & HARVEY [2009] FamCA 798

FAMILY LAW – CHILDREN – With whom a child lives

Family Law Act 1975 (Cth)

APPLICANTS:

Ms Conrad and

Ms Windsell

RESPONDENTS: Mr and Mrs Harvey

INDEPENDENT CHILDREN’S LAWYER: Ms Stewart

FILE NUMBER: BRC 2016 of 2008

DATE DELIVERED: 17 July 2009

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATE: 17 July 2009

REPRESENTATION

THE APPLICANTS: No appearance

THE RESPONDENTS: No appearance

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms Stewart

DA Family Lawyers

Orders

IT IS ORDERED BY CONSENT THAT

1. Pursuant to Rule 10.17 of the Family Law Rules 2004, Orders, declarations and notations be made in terms of the document titled “Minutes of Consent” sealed and attached hereto.

IT IS ORDERED THAT:

1. The matter is listed in the Magellan Directions List at 10.00am on 11 December 2009 in the Brisbane Registry of the Family Court of Australia.

IT IS FURTHER ORDERED THAT

1. Pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

IT IS DIRECTED THAT

1. The Minutes of Consent remain upon the Court file.

MINUTES OF CONSENT

IT IS ORDERED BY CONSENT UNTIL FURTHER ORDER:

1. That the child D born … November 1994 live with the Maternal Aunt, Ms Windsell.

2. That the child T born … April 1997 live with the Paternal Grandparents Mr and Mrs Harvey.

3. That the parties communicate with each other to arrange and facilitate the children spending time with each other and with all the other parties.

4. That the Mother attend for supervised urine drug tests as directed by the Independent Children’s Lawyer.

5. That all other previous Orders be discharged.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 2016 of 2008

MS CONRAD

Applicant Mother

And

MS WINDSELL

Applicant Maternal Aunt

And

MR AND MRS HARVEY

Respondent Paternal Grandparents

EX TEMPORE

REASONS FOR JUDGMENT

1. I am content to act on the basis of a letter signed by Ms Walsh on behalf of the Independent Children's Lawyer which, for the purpose of completing the record, a copy of which I will mark as exhibit 1.

2. That indicates on its face that a series of correspondence has passed between the parties, their lawyers in some cases, and the independent children lawyer, and that the independent children's lawyer indicates that, firstly, each of the partes "is setting out his or her agreement to the orders now being made following the successful application made by the criminal solicitor, Cameron Bell, to vary … bail conditions." 

3. That letter also indicates on its face that, enclosed with the letters - which, I should say, is a letter addressed to my Associate, but which has not yet reached either my Associate or the file – is "engrossed orders together with a copy of the orders signed by all the parties" was attached. 

4. Accordingly, I am satisfied that the Independent Children's Lawyer has seen a copy of the orders, an unsigned copy of which has been handed up to me today.  On that basis I am satisfied that the parties have agreed to the orders which are made by consent. 

5. I will formally make orders in accordance with the minutes of consent signed by the parties and initialled by me and placed with the papers.          

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy

Associate:  L. McMurray

Date:  1 September 2009