Crestin and Anor and Crestin and Anor

[2007] FamCA 1340

FAMILY COURT OF AUSTRALIA

CRESTIN AND ANOR & CRESTIN AND ANOR [2007] FamCA 1340

FAMILY LAW – CHILDREN - With whom a child spends time

FIRST APPLICANT: Mr Crestin Snr

SECOND APPLICANT: Mrs Crestin Snr

FIRST RESPONDENT: Mrs Crestin

SECOND RESPONDENT: Mr Crestin

FILE NUMBER: SYC 1894 of 2007

DATE DELIVERED: 13 November 2007

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

EX TEMPORE JUDGMENT OF: Steele J

HEARING DATE: 13 November 2007

REPRESENTATION

FIRST & SECOND APPLICANTS: Mr. Hannigan, solicitor

FIRST RESPONDENT: Mother in person

SECOND RESPONDENT: Father in person

ORDERS

1. That pursuant to Section 68L of the Act an independent children’s lawyer be appointed for the child born … August 1999.

   That the Legal Aid Commission of New South Wales is requested to make arrangements as soon as possible for appropriate representation for the child.

   That the Court advise the Senior Solicitor, Family Law Litigation Section of the Legal Aid Commission of NSW of this order forthwith.

   That each party make available to the Legal Aid Commission of NSW forthwith copies of all applications and affidavits upon which that party relies together with any existing orders and copies of any relevant reports.

   That the mother and father facilitate the attendance upon his representative of the child at times and dates requested by that representative.

2. That the matter be stood over into a callover list at 9:00 am on 11 December 2007.

3. That each party file and serve affidavits on which they intend to rely by 4:00 pm Thursday 6 December 2007.

4. That the orders made on 27 July 2007, which would otherwise not extend to the school holiday period, should continue so that the child will have contact with the father each alternate weekend from 4 pm Friday to 9 am Monday and in addition thereto, for the purpose of Christmas contact, from after school on 21 December 2007 to 4 pm on 24 December 2007.

5. I make it clear that the orders originally made in July should revert to operate once the school holiday period has completed.

6. The father or the paternal grandfather shall collect the child and return him to the mother for the purpose of such contact.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1894 of 2007

MR & MRS CRESTIN  

Applicants

And

MRS CRESTIN

First Respondent

And

MR CRESTIN  

Second Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. In this matter I made orders on 27 July which provided for incremental contact between the child and his father. These orders have now reached the point where they provide for contact every alternate weekend during school term from after school Friday until the commencement of school Monday morning.  That programme was initially introduced so as to avoid the problems associated with change over but also to enable the child to have adequate time with his father.

2. The mother asserts that the programme is not working well, but the grandparents, through their solicitor, and the father assert that it is. These various views of the matter are not able to be tested in the context of this case which was listed before me for mention at 9.30 this morning and I am now dealing with it in the middle of another trial.  I am doing so in order to sort out the problems because the orders only apply during school term and the child will otherwise have no opportunity to see his father during the school holiday period, or at Christmas.

3. It is my view that the incremental programme which has been put in place, seems to be a sensible one and the provision, which I understand the mother does not oppose, for the child to spend four days with his father immediately prior to Christmas is satisfactory.

4. I propose to order that the orders made on 27 July, which would otherwise not extend to the school holiday period, should continue so that the child will have contact with the father each alternate weekend from 4 pm Friday to 9 am Monday and in addition thereto, for the purpose of Christmas contact, from after school on 21 December 2007 to 4 pm on 24 December 2007.

5. I make it clear that the orders originally made in July should revert to operate once the school holiday period has completed.

6. The father or the paternal grandfather shall collect the child and return him to the mother for the purpose of such contact.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Steele

Associate

Date:  15 November 2007