GRAFT & MCCORMICK

[2015] FamCA 121

FAMILY COURT OF AUSTRALIA

GRAFT & MCCORMICK [2015] FamCA 121

FAMILY LAW – CHILDREN – With Whom a Child Lives - Where mother sought order varying current orders which provide for the children to live with the father and spend time with the mother - Where father in his response seeks to suspend the mothers time with the children until trial - Where previous final consent orders were varied at a contested interim hearing resulting in the current orders - Where Court questioned whether there was sufficient change in circumstances to justify further interim litigation - Where Court noted that in interim proceedings a court is inevitably not able to test the veracity of allegations and is unable to make findings of fact unless agreed or uncontroversial - Where Court not satisfied a revisitation of the orders made is justified - Where parts of the Amended Application and the Response which seek to re-agitate interim children’s orders is dismissed.

FAMILY LAW – CHILDREN – Parental Responsibility - Where father in his response seeks to vary the current orders by changing the present equal shared parental responsibility to sole parenting responsibility in his favour - Where Court questioned whether there was sufficient change in circumstances to justify further interim litigation - Where Court not satisfied a revisitation of the orders made is justified - Where parts of the Amended Application and the Response which seek to re-agitate interim children’s orders is dismissed.

FAMILY LAW – CHILDREN – Family Consultants - Where mother seeks order that the family report writer not be allowed further contact with the children - Where mother appears to be of the view that the family report writer has some predilection against her and is perhaps not bringing an open mind to proceedings - Where material before the Court does not support the mother’s views - Where relevant part of the Application dismissed.

FAMILY LAW – CHILDREN – Child Related Proceedings - Where mother seeks order that the father’s solicitors and the Independent Children’s Lawyer be stopped from obtaining any further reports until current allegations can be subject to cross-examination at trial - Where Court noted there was no substance in the matter complained of - Where relevant part of the Application dismissed.

FAMILY LAW – CHILDREN – Child Related Proceedings - Where mother seeks a review of the refusal of Registrar to permit the filing of a Contravention Application and an affidavit in support thereof - Where the filing of such was expressly rejected on the grounds that it breached Family Law Rule 24.10(1)(e) - Where allegations made against judicial officers and solicitors - Where Court noted a recurrent theme within the affidavit is that there is collusion between the father, his solicitors and the Court and perhaps the Independent Children’s Lawyer - Where Court noted that on the material in the affidavit there is no specific evidence which would legitimately found such serious complaints - Where Court noted the Registrar was right to reject - Where…