Gibson and Malot - [2012] FMCAfam 255

FEDERAL MAGISTRATES COURT OF AUSTRALIA

GIBSON & MALOT

[2012] FMCAfam 255

FAMILY LAW – Directions – preparation of Family Report.

Family Law Act 1975, ss.60CC, 61DA, 65DAA

Applicant:

MR GIBSON

Respondent:

MS MALOT

File Number:

MLC 10549 of 2008

Judgment of:

Myers FM

Hearing date:

30 January 2012

Date of Last Submission:

30 January 2012

Delivered at:

Melbourne

Delivered on:

30 January 2012

REPRESENTATION

Counsel for the Applicant:

Mr Williams

Solicitors for the Applicant:

Resolve Conflict Collaborative Law & Mediation

Solicitors for the Respondent:

Schetzer Constantinou

ORDERS

That pursuant to section 62G(2) of the Family Law Act 1975, the parties, their partners or spouses and the child [X] born [in] 2000 ([X]) attend upon Mr F for the purposes of the preparation of a family report to be given to the court on or before 5 March 2012.
The family report is to paid for by the parties in equal shares.
The father be responsible for the costs of the said child’s airfare to and from Sydney on 15 February 2012 and return to Sydney on 16 February 2012.
That the family report deal with the following matters:
(a)any views expressed by [X] and any matters such as maturity or level of understanding that would affect the weight that the court would place on those views;
(b)the matters set out in section 60CC, section 61DA, and section 65DAA of the Family Law Act; and,
(c)any other matter Mr F considers important to the welfare or best interests of [X].
That the parties comply with all reasonable requests or directions as to attendance upon Mr F as requested by Mr F.
That within seven days of the date of these orders the solicitor or counsel as the case may be deliver or cause to be delivered to Mr F the following documents:
(a)all relevant applications, responses, family reports filed by the parties or prepared in consequence of the current proceedings or the proceedings involving the said child [X] before this court;
(b)a copy of these orders.
That the solicitor for the father cause the following subpoena to be issued with a return date of 13 February 2012 as follows:
(a)Ms G;
(b)the Australian defence force in respect of the mother and in respect of Mr M;
(c)the [K] Primary School;
(d)Ms M, counsellor.
That Mr F be granted leave to inspect and photocopy all documents produced on subpoena by the parties to which the usual orders in this registry for access have been granted.
That the parties be prevented by injunction from causing or allowing the said child [X] to attend upon a psychologist, psychiatrist or counsellor except for the purposes of complying with these orders or Ms G.
That the father spend time with the child from 10.30am collection at the Tullamarine airport on 15 February 2012 until 4.00pm on 16 February 2012.
That the said child spends time with the father from 7.00pm on 16 March 2012 until 6.00pm on 18 March 2012.
That the matter be adjourned until 16 March 2012, for interim hearing.
That 14 days prior to 16 March, being on or before 2 March 2012, the solicitor for the applicant father notify the solicitor and / or counsel as the case may be for the respondent mother as to any parties the applicant father wishes to call for cross-examination.
That all affidavit material or other material upon which the applicant father and respondent mother intend to rely be filed in this registry on or before 2 March 2012.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT MELBOURNE

MLC 10549 of 2008

MR GIBSON

Applicant

And

MS MALOT

Respondent

REASONS FOR JUDGMENT

This is a first return of an initiating application filed in this registry on 16 January 2012 by Mr Gibson. The respondent in the proceedings is Ms Malot. The father in support of his application files an affidavit sworn 12 January 2012.
It appears from facsimile correspondence that the mother relies upon a response forwarded to the Federal Magistrates Court under cover of a letter dated 27 January 2012 and an affidavit sworn 27 January 2012. The affidavit is not complete in that the annexures attached to it are not attached in full and I have made earlier orders in the day that a complete copy of the response and affidavit be filed within seven days.
The initiating application seeks orders in respect of a child, namely [X] born [in] 2000. It appears that there has been some history of this matter before this court as early as 2009 in which orders were sought on a final basis and the matter settled.
What is clear is that the child has resided with the mother at times and the father at times. It appears between 1999 to about 2002 the child, [X], lived with the mother. The child then lived with the father for some period. The child then again lived with the mother in February ’05. That arrangement was varied by agreement when the mother was required to [overseas employment details omitted] and the child returned to reside with the father.
The father, Mr Gibson, initially this morning sought interim orders that would see the child return from living with the mother in New South Wales to then live with the father. During the course of submissions counsel for the applicant father made a concession that the father would not seek to agitate and pursue the interim orders sought today.
I have heard and considered significant submissions from counsel for the applicant father and counsel for the respondent mother. In the circumstances I make the following orders.

ORDERS DELIVERED