Dansey and Dansey (No. 2)

FAMILY COURT OF AUSTRALIA

Dansey & Dansey (No. 2) [2021] FamCA 631

File number(s):

SYC 3614 of 2021

Judgment of:

BERMAN J

Date of judgment:

27 August 2021

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings – Where the mother unilaterally relocated the children’s residence intrastate – Where interim orders were made requiring the mother to return with the children and for supervised time spending with the father – Where the mother has filed a Notice of Appeal – Where the mother seeks a stay of the interim orders – Consideration of whether the mother has an arguable case – Consideration of whether the appeal would be rendered nugatory if a stay is not granted – Where the mother has not established an appropriate basis for stay – Where the ability to prosecute the appeal will not be affected – Where the children’s best interests are likely to be served by compliance with the orders – Application dismissed.     

Legislation:

Family Law Act 1975 (Cth) s 60CC(2A)

Cases cited:

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106

General Steel Industries Inc. v Commissioner for Railways (NSW) (1964) 112 CLR 125

Jackamarra v Krakouer (1998) 195 CLR 516

K & B (2006) FLC 93-288

Number of paragraphs:

44

Date of hearing:

4 August 2021

Place:

Adelaide

Counsel for the Applicant:

Mr Romaniuk

Solicitor for the Applicant:

Martin Street Lawyers

Counsel for the Respondent:

Ms Vohra

Solicitor for the Respondent:

Pearson Emerson Family Lawyers

ORDERS

SYC 3614 of 2021

BETWEEN:

MS DANSEY

Applicant

AND:

MR DANSEY

Respondent

ORDER MADE BY:	BERMAN J
DATE OF ORDER:	27 AUGUST 2021

THE COURT ORDERS THAT:

1.The mother’s application for stay of orders 1, 3, 4, 5(d) and 6 of orders made 30 June 2021 is dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Dansey & Dansey has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

BERMAN J

INTRODUCTION

1. Following a contested interim hearing on 4 June 2021, orders were made on 30 June 2021 that provided for X born in 2012 and Y born in 2013 (collectively “the children”) to live with Ms Dansey (“the mother”) and spend time with Mr Dansey (“the father”) as follows:

   3.That the children spend time with the father supervised by the paternal grandparents in the week commencing 12 July 2021 as follows:

   (a)From after school or 3.00 pm for a period of four (4) hours once each week and failing agreement each Wednesday from after school or 3.00 pm until 7.00 pm; and

   (b)For a period of…