Feranti & Connor

FAMILY COURT OF AUSTRALIA

FERANTI & CONNOR [2008] FamCA 137

FAMILY LAW – CONTRAVENTION – long running proceedings – father restrained from filing contravention application without Court’s permission where substantial compliance and father’s time or opportunity to communicate not significantly compromised – orders subject of appeal – father seeks leave to file contravention application – whether alleged contraventions fall within conditions imposed by order – allegation regarding telephone communication within condition of order – father granted leave to file contravention application.
FAMILY LAW – CHILDREN – with whom a child communicates – father seeks telephone communication – concerns regarding relationship between father and child and child’s emotional wellbeing – inappropriate to make order until child’s views ascertained.
FAMILY LAW – CHILDREN – Independent Children’s Lawyer – father seeks removal – nothing to support allegation of inappropriate behaviour by ICL – matter requires input of ICL – application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – father seeks judicial interview with child be conducted in place of family assessment report – not appropriate in circumstances – interests of justice require family report be prepared by qualified person – application dismissed.

Family Law Act 1975 (Cth)

APPLICANT: MS CONNOR

RESPONDENT: MR FERANTI

INDEPENDENT CHILDREN’S LAWYER: NICOLA ATCHISON

FILE NUMBER: MLF 10368 of 1994

DATE DELIVERED: 14 February 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 14 February 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P. Falconer

SOLICITOR FOR THE APPLICANT: Peter Falconer and Associates

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

INDEPENDENT CHILDREN’S COUNSEL: Mr J.M. Bowler

INDEPENDENT CHILDREN'S SOLICITOR: Ms N.L. Atchison

Orders

1. Leave is given to the father to file a Contravention Application in relation to allegations of breach of orders concerning telephone communication which are alleged to have occurred on 28 November 2007; 12 December 2007;  30 January 2008; 6 February 2008 and 13 February 2008.

1. Paragraph 2 of the father’s Application in a Case filed on the 28 December 2007 is adjourned to 18 March 2008 at 9.30 am before the Honourable Justice Dawe.

1. Further consideration of paragraphs 3, 4, 5 and 6 of the father’s Application in a Case filed on the 28 December 2007 is adjourned to a date to be advised after the receipt of the Family Assessment report.

1. Paragraphs 7, 8 and 9 of the father’s Application in a Case filed on the 28 December 2007 are dismissed.

1. The previously ordered Family Assessment be prepared as soon as possible.

1. The question of the father’s immediate payment of the share of the Family Assessment is adjourned to the date of 18 March 2008 at 9.30 am before the Honourable Justice Dawe.

AND IT IS FURTHER DIRECTED

1. The father to file and serve within seven [7] days a full Statement of Financial Circumstances providing all information concerning his financial circumstances so the question of the payment of the costs of the family assessment can be determined.

1. The Appeals Registrar provide copies of the Notice of Appeal to the Independent Children’s Lawyer.