Grand and Ladbury

[2010] FamCA 218

FAMILY COURT OF AUSTRALIA

GRAND & LADBURY [2010] FamCA 218

FAMILY LAW – CHILDREN – With whom a child lives – With whom a child spends time

Family Law Act 1975 (Cth)

APPLICANT: Mr Grand

RESPONDENT: Ms Ladbury

FILE NUMBER: BRC 1692 of 2010

DATE DELIVERED: 26 February 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATE: 26 February 2010

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Fox of Cobb Law

THE RESPONDENT: No appearance

Orders

IT IS ORDERED THAT:

1. The matter be adjourned to the Magellan Registrar for further directions at 11.00am on 29 March 2010.

IT IS ORDERED UNTIL FURTHER ORDER THAT:

1. The father have sole parental responsibility for the children A born … August 2000, R born … July 2001 and J born … February 2003.

2. The children shall live with the father.

3. Anytime the mother spends with the children shall be agreed in writing between the mother and those representing her and the father or those representing him.

IT IS FURTHER ORDERED THAT:

1. Pursuant to s.65DA(2) and s.62B, 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.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 1692 of 2010

MR GRAND

Applicant

And

MS LADBURY

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. This court would normally be extremely reluctant to make orders in circumstances where the substantive application has not been served upon the other party.

2. In this particular case, however, the allegations at the centre of the parenting case are extremely serious and involve allegations of the most horrific kind in respect of the children. 

3. While I seek to emphasise that those matters are, at this stage, allegations only, and no findings whatsoever have been made in respect of them, it is inescapable that the allegations are not only very serious in themselves, but occur against a background where other allegations (also unproven but very serious), suggest that the mother has a significant problem with alcohol, and that threats of a serious kind have been made by her toward the father.

4. In those circumstances, noting that the matter is being case managed in an urgent manner, including the making of further directions by a Registrar effectively immediately consequent upon the application being served, it seems to me appropriate, and in the best interests of the children, that they receive, as it were, the protection of orders, pending this matter coming before the court again.

5. For those reasons, I make the orders as earlier indicated.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Murphy

Associate: 

Date:  22 March 2010