GRALL & HACKETT - [2015] FamCA 540

FAMILY COURT OF AUSTRALIA

GRALL & HACKETT

[2015] FamCA 540

FAMILY LAW – PARENTING – Application for parenting orders by maternal grandmother — mother deceased — father failed to attend hearing — final orders unopposed — costs

Family Law Act 1975 (Cth) Pt VII

Valentine & Lacerra and Anor [2013] FamCAFC 53

APPLICANT:

Ms Grall

RESPONDENT:

Mr Hackett

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER:

MLC

10612

2014

DATE DELIVERED:

1 July 2015

PLACE DELIVERED:

Melbourne

PLACE HEARD:

Melbourne

JUDGMENT OF:

Bennett J

HEARING DATE:

22 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Forster

SOLICITOR FOR THE APPLICANT:

Forster & Associates

COUNSEL FOR THE RESPONDENT:

In person

SOLICITOR FOR THE RESPONDENT:

N/A

Orders

IT IS ORDERED:

1.That the maternal grandmother, Ms Grall, and the father, Mr Hackett, have shared parental responsibility for the child B born … 2004 (“the child”).
2.That the child live with the maternal grandmother and she be responsible for his day to day care welfare and development.
3.That the child spend time with the father as agreed between the parties from time to time.
4.That the child and his father communicate by post or electronic means including telephone, text, email and Skype according to their wishes.
5.The father make a contribution to the applicant’s cost of these proceedings fixed in the sum of $695, such payment to be made by not later than
4.00 pm on 12 June 2015 and into the account of Forster & Associates Lawyers.
6.For the purpose of facilitating the payment of costs, Forster & Associates Lawyers forthwith notify the father in writing of the details of the bank account into which the monies are to be paid.
7.That pursuant to Sections 65DA(2) and 62B the particulars and 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 those particulars are included in these orders.
8.Otherwise all extant applications before the Court be and are hereby dismissed and removed from the matters awaiting allocation for final hearing.

AND IT IS NOTED that, for the avoidance of doubt, the fact that the father shares parental responsibility in relation to the child entitles the father to obtain copies of school records and to discuss the child’s progress with the school at which the child is attending.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Grall & Hackett has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT

FILE NUMBER: MLC 10612 of 2014

Ms Grall

Applicant

And

Mr Hackett

Respondent

REASONS FOR JUDGMENT

Introduction

On 22 May 2015, I made parenting orders in relation to the child B (“the child”) born in 2004 and reserved my reasons to be published at a later date. These are those reasons.
The application…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read GRALL & HACKETT and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2015] FamCA 540
Decision Date: 1 July 2015

CaseChat Overview and Summary

In the matter of *Grall & Hackett*, heard by Bennett J, the dispute concerned parenting orders for a child born in 2004. The parties involved were the maternal grandmother, Ms Grall, and the father, Mr Hackett.

The court was required to determine the arrangements for the child's parental responsibility, living arrangements, time spent with each party, and communication between the child and the father. Additionally, the court considered the father's contribution to the applicant's costs and the inclusion of a fact sheet detailing the obligations and consequences of the orders.

Bennett J ordered that the maternal grandmother and the father share parental responsibility for the child. The child was to live with the maternal grandmother, who would be responsible for his day-to-day care, welfare, and development. The child was to spend time with the father as agreed between the parties, and they were to communicate by post or electronic means as they wished. The father was ordered to contribute $695 towards the applicant's costs by a specified date. The court also ordered that a fact sheet detailing the particulars and consequences of the orders be attached and included within the orders. All other extant applications before the court were dismissed. It was noted that the father's shared parental responsibility entitled him to access school records and discuss the child's progress with the school.

Orders

Orders of the court

IT IS ORDERED:

1. That the maternal grandmother, Ms Grall, and the father, Mr Hackett, have shared parental responsibility for the child B born … 2004 (“the child”).

2. That the child live with the maternal grandmother and she be responsible for his day to day care welfare and development.

3. That the child spend time with the father as agreed between the parties from time to time.

4. That the child and his father communicate by post or electronic means including telephone, text, email and Skype according to their wishes.

5. The father make a contribution to the applicant’s cost of these proceedings fixed in the sum of $695, such payment to be made by not later than

4.00 pm on 12 June 2015 and into the account of Forster & Associates Lawyers.

6. For the purpose of facilitating the payment of costs, Forster & Associates Lawyers forthwith notify the father in writing of the details of the bank account into which the monies are to be paid.

7. That pursuant to Sections 65DA(2) and 62B the particulars and 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 those particulars are included in these orders.

8. Otherwise all extant applications before the Court be and are hereby dismissed and removed from the matters awaiting allocation for final hearing.

AND IT IS NOTED that, for the avoidance of doubt, the fact that the father shares parental responsibility in relation to the child entitles the father to obtain copies of school records and to discuss the child’s progress with the school at which the child is attending.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.