Hale and Wanden (No. 2)

[2008] FamCA 23

FAMILY COURT OF AUSTRALIA

HALE & WANDEN (NO 2) [2008] FamCA 23

FAMILY LAW – CHILDREN – Shared parenting – Final orders made following the return of a 5 year old to her father by the mother, the father having been the constant and stable caring figure in her life.  Matter removed from the Active Pending Cases List.

Family Law Act 1975 (Cth) (as amended)

APPLICANT: Mr Hale

RESPONDENT: Ms Wanden

FILE NUMBER: MLC 13882 of 2007

DATE DELIVERED: 4 January 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 4 January 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: In person

SOLICITOR FOR THE RESPONDENT:

Orders

1. That the child born on … June 2002 live with the father who shall be responsible for the day to day care welfare and development of the said child.

2. That each of the father and the mother do share the responsibility for the long term care, welfare and development of the child.

3. That the mother do spend time with the said child as agreed to between the parties.

4. That pursuant to s.65DA(2) and s.62B of the Family Law Act 1975, 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.

5. That the Application in a Case filed by the father on 31 December 2007 be otherwise dismissed AND THAT the proceedings be removed from the Active Pending Cases List.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Guest delivered this day will for all publication and reporting purposes be referred to as Hale & Wanden.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 13882  of 2007

Mr Hale

Applicant

And

Ms Wanden

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the Judicial Duty List resulting from an order that I made on 2 January 2007 and the background to which is set out in my reasons for judgment delivered that day.  As a result of that order both the father and the mother now appear in court.  It appears following a discussion I have had with each of them that they have satisfactorily resolved as between themselves the issues concerning their child who was born in June 2002.

2. The mother is prepared to consent to an order whereby the child live with the father and that he be responsible for the day-to-day care, welfare and development of that child.  The mother will spend time with the child as may be agreed between the parties. 

3. I do emphasise to the parties that they are both responsible for the care, welfare and development of the child and remind them both of the Principles underlying the Objects of Part VII of the Family Law Act 1975 (as amended). Section 60B of the Act provides that, in summary, the child has the right to know and be cared for by both of her parents. Furthermore she has a right to spend time on a regular basis with and communicate on a regular basis with both the mother and the father who jointly share duties and responsibilities concerning her care, welfare and development. It is an object of the Act that both the mother and the father should agree about the future parenting of the child.

4. The position is as explained to me by the father is that the child will continue to live with him.  The mother has informed me from the Bar table that she proposes to vacate the property which she has shared with the father and the child.  With that being effected I daresay in the near to short term, I just simply remind both parties of the importance of the child having the benefit of both parents in the future.  It is clear to me from the evidence overall in this matter that it is the father who shall be responsible for the day to day care of the child and making those decisions that promote her best interests.  He has been the singular and stable person in the child’s life.

5. I congratulate both parties in court today in having the dignity in coming to this arrangement and it is my ready expectation there will be no repetition of the recent unfortunate events.  These are final orders and I will remove the proceedings from the Active Pending Cases List.

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

Associate: 

Date:  24 January 2008