Feranti and Connor

[2007] FamCA 1446

FAMILY COURT OF AUSTRALIA

FERANTI & CONNOR [2007] FamCA 1446

FAMILY LAW – CONTRAVENTION PROCEEDINGS – CHILD ORDERS

APPLICANT: Mr Feranti

RESPONDENT: Ms Connor

FILE NUMBER: MLF 10368 of 1994

DATE DELIVERED: 26 October 2007

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: WATT J

HEARING DATE: 29, 30 June, 1, 26 July, 3, 4 October 2005, 3, 4 August 2006

REPRESENTATION

FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Mr Wood

SOLICITOR FOR THE RESPONDENT: Peter Falconer & Associates

Orders

1. The further hearing of the father’s application herein is adjourned to 12 November 2007 at 10.00am before me and all other pending applications are adjourned to that date for mention.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 10368  of 2004

MR FERANTI

Applicant

And

MS CONNOR

Respondent

REASONS FOR JUDGMENT

CONTRAVENTION OF CHILD ORDERS

Introduction

1. These parties have a long history of litigation in this court that I will not recite. The reported and unreported decisions of this court, both at first instance and on appeal, include a number of judgments made in proceedings between these parties, primarily in relation to parenting orders and child support issues. My first involvement in the case was in 2000 when a review of orders made by a judicial registrar came before me. In November 2004, I delivered judgment in relation to an application by the father for the discharge of an order restraining him from issuing further proceedings without leave of the court: see my judgment in F v C [2004] FamCA 1211. In discharging the restraining order, I ordered that any further proceedings between these parties were to be listed before me, if at all practicable, and so when the father filed his contravention application, it was listed before me.

Orders of Brown J made February 2004 and subsequent contravention proceedings

1. For the purposes of the parts of the father’s contravention application that I am dealing with here, the only aspect of the parties’ earlier litigation that I consider needs to be mentioned to introduce this judgment is the judgment of Brown J on 2 February 2004 whereby her Honour permitted the mother to change the usual place of residence of the child T born in March 1995 from the suburbs of Melbourne to South Australia. Having given the mother permission to relocate, her Honour put in place a suite of orders that provided for the child to spend time and communicate with the father. It should be mentioned at this point that the father did not participate in the hearing before Brown J in circumstances that are set out in the judgment of the Full Court to which I will make reference shortly.

2. Those orders were the subject of further proceedings before her Honour on 16 February 2004, when her Honour heard an application by the father to stay…