Grimshaw and Thanh and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

GRIMSHAW & THANH & ANOR [2014] FCCA 2614

Catchwords:
FAMILY LAW – Parenting – where the applicant is not the parent of the child – where the parents of the child are in an intact relationship – whether the applicant has standing to bring proceedings – where the parents seek that the application be summarily dismissed – where the application has no reasonable prospects of success – application summarily dismissed.

Legislation:

Family Law Act 1975, ss.4, 4AB, 43, 60B, 60CA, 60CC, 64B, 65C
Federal Court of Australia Act 1976, s.31A(2)
Federal Circuit Court of Australia Act 1999, s.17A
Federal Circuit Court Rules 2001, r.13.10

Church & Overton & Anor [2008] FamCA 953
KAM & MJR and Anor [1998] FamCA 1896
R & M [2002] FMCAfam 279
R & R: Children’s Wishes (2000) FLC 93-000
Spencer v The Commonwealth of Australia (2010) 241 CLR 118
SPS & PLS [2008] FamCAFC 16

The Honourable Peter Nygh, ‘The New Part VII—an Overview’ (1996) 10 Australian Journal of Family Law 1.

Applicant: MR GRIMSHAW

First Respondent: MS THANH

Second Respondent: MR THANH

File Number: SYC 7444 of 2013

Judgment of: Judge Kemp

Hearing date: 24 October 2014

Date of Last Submission: 24 October 2014

Delivered at: Sydney

Delivered on: 14 November 2014

REPRESENTATION

Solicitors for the Applicant: Family Legal

Counsel for the First and Second Respondents: Mr Lethbridge SC

Solicitors for the First and Second Respondents: Watts McCray

THE COURT ORDERS THAT:

1. The applicant’s Initiating Application filed 16 December 2013 be summarily dismissed.

2. If any party seeks costs, an appropriate written application may be made within 28 days of today’s date, (supported by any documentary material) to be filed and served within that time period and a copy forwarded to my Chambers.  The Court will then deal with that matter by way of written submissions.  If no such application is made within the time period specified, there will be no order as to costs.

3. All outstanding applications (save as to costs, including any reserved costs), otherwise, be dismissed.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7444 of 2013

MR GRIMSHAW

Applicant

And

MS THANH

First Respondent

MR THANH

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. These are proceedings in respect of the child, X (“the child”), born (omitted) 2006 and who is currently 8 years of age, at the time of the hearing. 

2. The applicant is not the biological father of the child. 

3. The respondents are the biological mother and father of the child and live together as husband and wife.  The child lives with the respondents. 

4. By an Initiating Application filed 16 December 2013, the applicant sought various parenting orders in respect of the child, both on a final and interim basis, inter alia, as follows:

   a)That the child lives with the mother.

   b)That…