Hand & Jeffries

[2008] FamCA 876

FAMILY COURT OF AUSTRALIA

HAND & JEFFRIES [2008] FamCA 876

FAMILY LAW – CHILDRENS –Interim application

Family Law Act 1975 (Cth)

APPLICANT: Mr Hand

RESPONDENT: Ms Jeffries

INDEPENDENT CHILDREN’S LAWYER: Julie Redman

FILE NUMBER: ADC 674 of 2007

DATE DELIVERED: 6 August 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 6 August 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr D Childs

SOLICITOR FOR THE APPLICANT: Legal Services Commission of Whyalla

COUNSEL FOR THE RESPONDENT: In person

INDEPENDENT CHILDREN’S COUNSEL: Mr J Hicks

INDEPENDENT CHILDREN’S SOLICITOR: Alderman Redman Lawyers

ORDER BY CONSENT DURING THE PERIOD OF THE ADJOURNMENT

1. That on or before 8 August 2008 the mother enrol and register at the Uniting Care Wesley Children’s Contact Service for the purpose of the father spending time with the child … born … August 1996 supervised by the service.

2. That the father spend time with the said child at and under the supervision of the said service at times to be nominated by the Director of the said service and if possible the first two periods of time to be no more than one [1] hour in duration and not more than once each fortnight.

3. That the Independent Children’s Lawyer be at liberty to obtain a report from the said service as to the progress of time spent.

4. That the father be restrained from being under the influence of any illicit substance or alcohol during any period of time spent.

5. That the father attend upon a Medical Practitioner within 36 hours of his solicitor receiving a written request from the Independent Children’s Lawyer for the purpose of a urine drug screen test.

6. That the Independent Children’s Lawyer be at liberty to issue a request to the father’s solicitor for the purpose of paragraph 5 hereof on one occasion each month.

7. That further consideration of the Application in a Case filed by the father on 4 March 2008 be adjourned to 9:15am on 8 October 2008 before a duty Judge.

8. That pursuant to Section 62B and Section 65DA(2) 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 are set out in the attached Fact Sheet.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 674 of 2007

MR HAND

Applicant

And

MS JEFFRIES

Respondent

EX TEMPORE REASONS

1. This is a matter which was adjourned to today, and orders were made for the mother to enrol and register with the children's contact service to permit the father to spend time with the child the subject of these proceedings.  That order was made on 11 July 2008.  There was a previous order made by Dawe J in similar terms.  Unfortunately the mother did not comply with either order.  However, she now appears and she says to this court that she understands that that was not how she should have approached this matter.  She thought that she was acting in the best interests of her son by not complying.

2. The position is, though, that orders of this Court are to be obeyed and orders of this Court are only made in the best interests of a child.  As I have said, and to repeat, the way to deal with this is not to ignore orders and put your head in the sand but to confront them head on, put your case forward, and then a judicial officer can make a fully informed decision as to how this matter should progress.

3. The mother today tells me she accepts that it is in the best interests of the child to attempt to re-establish a relationship with his father.  In this case the father has not seen the child for approximately three years, so it is not going to be easy.  The mother says she will encourage the child to attend the supervised time I am about to order, and I accept that as her intention, but her encouragement is required to enable this to work.

4. What has been put to me is, in the circumstances, to make an order during the period of the adjournment of two months to try and set up again this supervised time at the Children's Contact Service, and then to come back and see what has happened and how the matter can be progressed from there.

5. I make the usual order pursuant to section 65DA(2) and section 62B of the Family Law Act 1975 in relation to the particulars that have now been provided to the parties.

I certify that the preceding 5 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered 6 August 2008.

Associate