Fontaine & Fontaine (No 2)

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Fontaine & Fontaine (No 2) [2023] FedCFamC1F 662   

File number(s):	ADC 2502 of 2020
Judgment of:	KARI J
Date of judgment:	19 July 2023
Catchwords:	FAMILY LAW – INTERIM HEARING – Ex Tempore reasons – Where final orders were made by consent
Division:	Division 1 First Instance
Number of paragraphs:	13
Date of hearing:	19 July 2023
Place:	Adelaide
Counsel for the Applicant:	Ms Ross
Solicitor for the Applicant:	Brian Deegan Lawyers
Counsel for the First Respondent:	Mr English
Solicitor for the First Respondent:	KD & Co Lawyers
Solicitor for the Second Respondent:	Dixon Gallasch Pty Ltd

ORDERS

ADC 2502 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS FONTAINE

Applicant

AND:

MR FONTAINE

First Respondent

MS BELL

Second Respondent

ORDER MADE BY:	KARI J
DATE OF ORDER:	19 JULY 2023

Amended pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 28 August 2023 – Order 4, 5, 6, 7, 8 & 9

THE COURT ORDERS THAT:

1.That all previous orders be discharged save and except for orders 2 and 10 made on 1 June 2022.

2.The Applicant Mother have sole parental responsibility for X (born 2013).

3.That X do live with her mother Ms Fontaine.

4.That the Applicant Mother do continue to enrol in and ensure attendance of X at H School unless the Respondent Father ceases payment of tuition fees for H School for more than one school term, UPON NOTING that the Respondent father continues to pay for the child’s school fees and agrees to continue to do so.

5. School for more than one school term, UPON NOTING that the Respondent father continues to pay for the child’s school fees and agrees to continue to do so.

6.5.     That the Second Respondent Mother have sole parental responsibility for the child Y (born 2019).

7.6.     That Y live with her mother, Ms Bell.

8.7.     That forthwith, the parties do engage with Ms S and Ms T to commence the intake process for the purposes of the father’s supervised time spending pursuant to these orders.

9.8.     That the parties will each do all such things to complete the said intake process in line with Ms S’s and Ms T’s instructions.

9.1  9.   The father spend time with X and Y as follows:

9.29.1 Supervised time spending in accordance with orders 3 and 10 made on 1 June 2023 with currently booked supervised visits at U Contact Centre (V Street, Suburb W) to continue up until September 2023 save and except that the visit in July 2023 which is to be moved to the morning session;

9.39.2 That there be a further six supervised sessions, at U Contact Centre pursuant to orders 3 and 10 made on 1 June 2022 commencing in September 2023 and concluding in December 2023 with such visits to occur in the morning and be limited to…