GRAHAM & KOVACS

[2014] FamCA 702

FAMILY COURT OF AUSTRALIA

GRAHAM & KOVACS       [2014] FamCA 702

FAMILY LAW – CHILDREN – Orders – Suspension of Time - Best Interests of the Children – Where mother sought the suspension of orders insofar as they permitted the father to spend time with the children – Where events occurred are controversial but resulted in police attending the father’s home, placing the father in handcuffs and taking him into custody whilst the children were in the care of the father – Where one or more of the children were aware of the events as they were occurring and understandably upset – Where concerns as to whether the father would presently be in a position to be able to provide adequate care for the children – Where father conceded that he was not presently in sufficiently good health to be able to care for the children on the upcoming weekend but would be for subsequent weekends – Where court noted its protective obligations would require more than the father’s self-diagnosis as to his recovery – Where court satisfied that it was in the best interests of the children that the father provide a certificate to the court from his normal medical practitioner certifying that in their opinion the father is of sufficient health and ability to care for the children on each alternate weekend – Where time that the father would otherwise spend with the children under the orders was suspended.

Family Law Act 1975 (Cth)

Rice v Asplund [1979] FLC 90-725

APPLICANT: Ms Graham

RESPONDENT: Mr Kovacs

INDEPENDENT CHILDREN’S LAWYER: Ms Gray

FILE NUMBER: CSC 762 of 2010

DATE DELIVERED: 27 August 2014

PLACE DELIVERED: Townsville

PLACE HEARD: Townsville

JUDGMENT OF: Tree J

HEARING DATE: 27 August 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Sandra Sinclair

THE RESPONDENT: In person

SOLICITORS FOR THE RESPONDENT: Susan Gray

Orders

1. Until further order, the time which the children B born … 2005, C born … 2007 and D born …2009 would otherwise have spent with the father pursuant to Order 5 of the Orders of Justice Tree made on 2 October 2013 be forthwith suspended.

1. The children’s time with the father pursuant to the said Order 5 is to be re-instituted upon:

(a)the father filing a Medical Certificate from his regular treating Medical Practitioner, Dr E,  stating that he is fit and well enough to care for the children on each alternate weekend; and

(b)an order of this Court discharging Order 1 hereof.

1. Upon the father filing the Medical Certificate referred to in Order 2(a) hereof, he has liberty to apply on short notice to the parties to discharge Order 1.

1. On or before 4:00pm Friday 19 September 2014 the Independent Children's Lawyer and the father make file and serve any affidavit material upon which they intend to rely upon the resumed hearing of the mother’s Application in a Case filed 20 August 2014.

1. On or before 4:00pm Friday 26 September 2014 the mother make file and serve any material in response to…