Frank & Matthews

[2008] FamCA 1216

FAMILY COURT OF AUSTRALIA

FRANK & MATTHEWS [2008] FamCA 1216

FAMILY LAW – CHILDREN – Consent orders made after 4 days of evidence

Family Law Act 1975 (Cth)

APPLICANT: Ms Frank

RESPONDENT: Mr Matthews

INDEPENDENT CHILDREN’S LAWYER: Samantha Ward

FILE NUMBER: MLC 7783 of 2007

DATE DELIVERED: 15 February 2008

PLACE DELIVERED: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 11, 12, 13, 14 & 15 February 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr J.J. Whitchurch

SOLICITOR FOR THE APPLICANT: Harwood Andrews

COUNSEL FOR THE RESPONDENT: Mr D.E. Cantwell

SOLICITOR FOR THE RESPONDENT: Featherbys

INDEPENDENT CHILDREN’S LAWYER

COUNSEL:

Mr G.Q. Ambrose

INDEPENDENT CHILDREN’S LAWYER

SOLICITOR:

Samantha Ward Pty Ltd

Orders by consent

1. That there be orders in terms of the Minutes of Consent Orders signed by the parties and dated 15 February 2008 (“the Minute”).

2. That the independent children’s lawyer serve a sealed copy of these orders on the proper officer of D Primary School at D and at the same time communicate either verbally with the principal or the proper officer of the school or by letter that the mother and the father have equivalent rights and responsibilities in relation to … born … May 2001 (“the child”). 

3. That my reasons for judgment this day be transcribed and when transcribed a copy be sent to each of the parties.

IT IS DIRECTED:

1. That the Minute be placed upon the Court file and marked “Exhibit A”.

2. That the solicitors for the Mother do engross the Minute and provide a clean, duly certified copy of the same (“the Copy”) to the Registry of this Court electronically within 3 days.

3. That upon delivery of the Copy to the Court, the within orders be extracted and the Copy be attached thereto.

MINUTE OF ORDERS

1. All previous parenting orders with respect to the child be discharged.

2. The mother and the father have equal shared parental responsibility for the child.

3. The child live with the mother.

4. The father spend time with and communicate with the child as follows:

   (a)At B Children’s Contact Service for a period of 2 hours on each of the following dates:

   (i)Saturday 23 February 2008.

   (ii)Sunday 24 February 2008.

   (iii)Saturday 1 March 2008.

   (iv)Sunday 2 March 2008.

   (b)On Sunday 8 March 2008 and Sunday 9 March 2008 from 11.00am until 4.00pm on each day, in the Greater Geelong area.

   (c)From 9.00am Saturday 22 March 2008 until midday Sunday 23 March 2008.

   (d)From 5.00pm Friday 28 March 2008 until 5.00pm Monday 31 March 2008.

   (e)From the conclusion of school Wednesday 16 April 2008 until the commencement of school Monday 21 April 2008, in Victoria.

   (f)From the conclusion of school Wednesday 14 May 2008 until the commencement of school Monday 19 May 2008, in Victoria.

   (g)From Saturday 28 June 2008 until Friday 4 July 2008 in Queensland.

   (h)In 2008 and each year thereafter from the last Friday in August until the following Sunday evening, in Queensland.

   (i)For 7 nights in each of the school term holidays commencing in the September 2008 school holidays, to coincide where possible with Queensland school holidays, but failing agreement commencing the first Saturday of the Victorian school holidays, in Queensland.

   (j)Each Melbourne Cup weekend, from Friday until Monday evening in Queensland.

   (k)In the 2008/2009 long summer vacation, from Saturday 20 December 2008 until Saturday 3 January 2009, in Queensland.

   (l)In the 2009/2010 long summer vacation and in alternate years thereafter, for the second half of the vacation, in Queensland.

   (m)In the 2010/2011 long summer vacation and in alternate years thereafter, for the first half of the vacation, in Queensland.

   (n)Each Victorian Labour Day weekend (commencing 2009) from Friday until Monday, in Queensland.

   (o)By telephone each Sunday between 6.00pm and 6.30pm.

   (p)By telephone on each of Christmas Day, the Father’s birthday, the child’s birthday and Father’s Day.

5. Changeovers occur as follows:

   (a)For time spent in Victoria, at the child’s school, or if not a school day then outside the mother’s home.

   (b)Until the child attains the age of 10 years for time spent in Queensland, the father collect the child from the mother at Tullamarine Airport at the commencement of time spent and the mother collect the child from the father at Coolangatta Airport at the conclusion of time spent.  (Save for the time commencing 28^th June 2008 when the mother shall accompany the child to Queensland).

   (c)After the child attains the age of 10 years she may travel to and from Queensland unaccompanied. 

6. The mother and the father each bear their own costs of air travel and share equally the child’s costs of air travel.

7. The mother and the father communicate with each other (in particular with respect to travel arrangements) by e-mail.

8. The mother be at liberty to telephone the child whilst the child is spending time with the father but no more than once each day.

9. The mother and the father by themselves their servants and agents be and are hereby restrained from:

   (a)denigrating the other;

   (b)discussing these proceedings, other than to refer to this Order as having been agreed to by the mother and father and made by the Court, in the presence or hearing of the child.

10. The mother and the father each notify the other of any change of address or telephone number or e-mail address.

11. The mother authority any school attended by the child to forwarded to the father at the expense of the father (if any) copies of all school reports, notices, photographs and other such material usually forwarded to parents.

12. The mother and the father keep each other advised in a timely manner of any health issues affecting the child and inform each other as soon as practicable in the event of the child suffering illness or injury requiring medical treatment.

13. The mother and the father and the child attend counselling with Mr P or his nominee for the purpose of facilitating the implementation of the parenting arrangements contained in these orders and:

    (a)the mother and the father share equally the cost of such counselling;

    (b)the father’s wife Mrs Matthews be at liberty to participate in the counselling sessions as the direction of Mr P;

    (c)counselling occur at least once prior to the commencement of the father spending time with the child pursuant to each of paragraphs 4(a), 4(c) and 4(e) hereof.

14. The father be at liberty to attend at the school or otherwise any of the academic cultural or sporting events usually attended by parents.

15. The appointment of the Independent Children’s Lawyer be discharged.

16. All extant applications be otherwise dismissed.

17. That pursuant to Section 65DA (2) and Section 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

18. The Independent Children’s Lawyer serve a sealed copy of these Orders on the proper officer at D Primary School at D and at the same time advise that person the mother and father have equally parental rights regarding the child.

IT IS NOTED:

(a)The mother and father agree that the counselling will not be privileged.

(b)An appointment for counselling has been arranged for Tuesday
19 February 2008 at 3.00pm.

NOTATION:

(i)The father is prepared to pay the sum of $172 per month child support for the child.

(ii)The mother will facilitate the father’s extended family spending time with the child in the event that they travel to Geelong. 

IT IS NOTED that publication of this judgment under the pseudonym Frank & Matthews is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 7783 of 2007

MS FRANK

Applicant

And

MR MATTHEWS

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

(EX TEMPORE)

1. I have just made final orders in the terms sought by all parties to the proceedings and concerning the child born in May 2001.  This is the fifth day of the hearing and the proceedings were far from complete by the time the parties resolved their differences and sought that I make final orders.  The first witness in the case, who is the mother, was still under cross examination and I have not heard from any other witness. 

2. However, I can say that, having heard the matter to the conclusion of the fourth day, I am entirely comfortable with the order which I have been asked to make and have made.  

3. The Order provides for the child to have unsupervised time with her father and, to the extent that there are some periods of supervised time, those times are in the beginning of the regime and, to my mind, are appropriate having regard to some anxiety that the child may feel.  Otherwise I see the matter is in the hands of Mr P in his capacity as a counsellor and therapist, although he could subsequently give evidence if the settlement disintegrates and further proceedings become necessary. 

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Bennett

Associate: 

Date:  13 March 2008