Crockett and Crockett and Anor

[2008] FamCA 191

FAMILY COURT OF AUSTRALIA

CROCKETT & CROCKETT AND ANOR [2008] FamCA 191

FAMILY LAW – CHILDREN – Parenting orders

Family Law Act 1975 (Cth)

APPLICANTS: Mr and Mrs Crockett

FIRST RESPONDENT: Ms Crockett

SECOND RESPONDENT: Mr Dartmouth

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLF 1115 of 2006

DATE DELIVERED: 17 March 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 17 March 2008

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Ms K.M. MacMillan

SOLICITOR FOR THE APPLICANTS: Kennedy Wisewoulds

COUNSEL FOR THE FIRST RESPONDENT: Mr D.A. Mort

SOLICITOR FOR FIRST RESPONDENT: Morrison & Sawers

COUNSEL FOR SECOND RESPONDENT: Mr D.J. McLeod

SOLICITOR FOR SECOND RESPONDENT: Cahill & Rowe

COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER Mr G. Meehan

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER Septimus Jones & Lee

Orders

1. That all extant parenting orders be discharged.

2. That the father and mother have equal shared parental responsibility for the child … born …April 2003 ("the child").

3. That the child live with the father.

4. That until 27 July 2008 the mother spend time with the child each week from 6.30 pm Thursday to 4.00 pm Sunday.

5. That from 8 August 2008 the mother spend time with the child on the second and third weekend of a three week cycle, from 5.00 pm Friday to 5.00 pm Sunday such cycle commencing on 1 August 2008.

6. That the mother ensure the child spends not less than a continuous period of 6 hours with the child’s maternal grandparents during the times provided for at paragraphs 4 and 5 hereof, unless otherwise agreed between the mother and the child’s maternal grandparents.

7. From the conclusion of term one in the 2009 school year the child spend time with the mother for one week of each school term holiday and in the absence of agreement between the father and the mother it be the first week.

8. For the long summer vacation in 2008/2009 the child spend 3 periods of 7 days each with the mother, commencing in the second week of the said vacation and recommencing in alternating weeks thereafter.

9. For the long summer vacations commencing 2009/2010 the child:

   (a)Spend time with his maternal grandparents for one week as agreed between the parties and in the absence of agreement the third week;

   (b)Spend time with his mother for one half of the balance of the long summer vacations, and in absence of agreement between the father and the mother it commence on the first Saturday after the conclusion of school in 2009 and each alternate year thereafter.

10. That each party be and is hereby restrained from denigrating the other to or in the presence of or hearing of the child.

11. That the mother and father use a communication book to be exchanged with the child and to record only information relevant to the child’s care and welfare.

12. That unless otherwise agreed between the father and mother changeover of the child occur at S.

13. That each parent ensure the other is authorised to:

    (a)Receive copies of all school reports, school notices and copies of all applications for school photographs;

    (b)Contact any medical practitioner upon whom the child may attend from time to time and receive full reports from such medical practitioner.

14. That each parent is to keep the other informed of their residential address and current contact telephone numbers at all times, and advise the other of any changes thereto within 7 days.

15. In the event Mother's Day falls on a weekend the child would otherwise be with the father, then the mother shall exercise time on that weekend at the same times as set out in paragraph 5 hereof.

16. In the event Father's Day falls on a weekend the child would otherwise be in the mother's care then the father shall exercise time on that weekend at the same times as set out in paragraph 5 hereof.

17. That the grandparents communicate with the child by telephone at least once per week, and the father facilitate such communication.

18. That the mother communicate with the child by telephone at least twice per week and the father facilitate such communication.

19. 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 the 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.

20. That the order for appointment of an independent children's lawyer be discharged.

21. Certify for counsel.

22. That all applications otherwise be dismissed.

23. That notwithstanding anything to the contrary in these orders:

    (i)The father will collect the child from the police station in A at 10.00 am on Tuesday 18 March 2008;

    (ii)(ii)      The father will return the child to E Primary School in time for the Easter parade on 20 March 2008 and the mother's time with the child on that day will commence at the conclusion of school.

NOTATION

A.       The parties agreed that from term 1 holidays in 2009:

(i)The three week cycle shall be suspended during all such holidays and recommence as if the holiday period in question had not intervened;

(ii)The parties shall have time with the child at Christmas in alternating years with the first to commence 2008.

B.The mother and maternal grandparents will remain in Melbourne tonight and the child is in the care of the mother's sister tonight.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLF 1115 of 2006

MR AND MRS CROCKETT

Applicants

And

MS CROCKETT

First Respondent

And

MR DARTMOUTH

Second Respondent

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. Today was to have been the first day of what looked like a four to five‑day hearing involving a little boy, who has not yet turned five years of age.  The unusual feature of this case is that to their eternal credit, the maternal grandparents have been caring for the child more or less the majority of his life and no doubt that means that for them to come to the conclusion that they have, change that regime, must have been extremely difficult.

2. However, having said that, I appreciate that there is another party in the proceedings and that is the mother of the child and I am pleased to see that she will have a significant role in his life in the future.

3. I have had the advantage of not only reading the material of all of the parties but also a very comprehensive analysis of the past and the future for the child written by psychologist, Ms M.  The recommendations that she has made seem to form the basis behind these orders. 

4. On the basis of what I have read and what I have heard from everybody today, I am more than pleased to say that these orders are in this child's best interests.  I think it is very important to add that apart from the fact that I acknowledge that the grandparents have made a very significant contribution towards the child’s life, they have made a very commendable decision today in the shadow of the law. At the same time, I commend Mr Dartmouth for his public statement which has clearly been recorded to say that he has held out the olive branch so that matters can move forward in the child’s best interests.  I hope that is in fact the genuine spirit in which these orders have been made and certainly I am very happy to see the parties can now put down the cudgels and start thinking about this little boy's life and have a significant role in his future care.

5. Obviously it goes without saying that these sorts of outcomes cannot be achieved without the assistance of the lawyers and I commend all of you for what has obviously been a very difficult task. 

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

Associate:

Date:  25 March 2008