Dursun and Edip

[2007] FamCA 465

FAMILY COURT OF AUSTRALIA

DURSUN & EDIP [2007] FamCA 465

FAMILY LAW - CHILDREN - Parenting orders - Agreement between parties

Family Law Act 1975 (Cth)

APPLICANT: MS DURSUN

RESPONDENT: MR EDIP

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: DGF 1532 of 1998

DATE DELIVERED: 8 May 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 8 May 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Ms C.S. Kahagalle

SOLICITOR FOR THE RESPONDENT: De Marco & Co

INDEPENDENT CHILDREN’S LAWYER COUNSEL: Mr R.N. Hoult

INDEPENDENT CHILDREN’S LAWYER SOLICITOR: Maria Barbayannis & Co

Orders

1. I make orders in terms of the minutes.

2. I direct that the minutes remain on the court file.

3. I make an order that the court engross the minutes and send them out to all of the parties.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGF 1532  of 1998

MS DURSUN

Applicant

And

MR EDIP

Respondent

REASONS FOR JUDGMENT

1. These are parenting orders in relation to three children, C, who is known as M, who was born in March 1996; F, who was born in July 1997; and G, who was born on 14 December 2003, she is known as R.

2. I will not set out the background of these proceedings, save to say that it has some tragic features to it.  The nub of it all was that in 2004 the wife in these proceedings endeavoured to take her own life and also that of the children.  Thankfully, that did not actually eventuate.  I have had the benefit of very comprehensive evidence from a psychiatrist who independently saw the wife and whose recommendation is that, notwithstanding her current medical condition and her treatment, any time that she spends with the children must be supervised. 

3. The other unusual feature of this case is that  the children are primarily being cared for by their paternal grandparents, in particular, it is common ground that the paternal grandfather has been the person most responsible for and vocal on behalf of the children. 

4. Mr Hoult, who appears on behalf of the independent children's lawyer and whose focus is therefore in respect of the children, endorses the orders and says that they are the best option, having regard to all of the circumstances.  I want to pay tribute to Ms B, the family consultant, who has gone over and above the call of duty today in assisting the parties to come to this very difficult conclusion, in the hope that the future might turn out to be brighter for the children than it has been in the difficult past. 

5. In all of the circumstances therefore, notwithstanding the language difficulties, which have been overcome also today with the assistance of one interpreter, because of some administrative problems, I am quite satisfied that it is appropriate to make orders where everyone is agreed and everyone is telling me that they understand exactly what they are embarking upon.  

6. Accordingly, I make orders in terms of the minutes, which I will mark exhibit "A".  I will direct that those minutes remain on the court file.  I will also make an order that the court engross the minutes and send them out to all of the parties.

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

Associate: 

Date:  23 May 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as DURSUN & EDIP