HEATON & HEATON (STAY APPLICATION)

Case [2014] FamCA 840


FAMILY COURT OF AUSTRALIA

HEATON & HEATON (STAY APPLICATION) [2014] FamCA 840
FAMILY LAW – CHILDREN – Stay application – relocation of the mother – where children’s care arrangements went from equal shared time arrangement to a live with and spend time with arrangement – where it was found that the previous orders were unsatisfactory for the children – where appeal is not expected to be heard for eighteen months – not a full analysis of the grounds of appeal, only a judicial impression – best interests of the children

Aldridge & Keaton [2009] FamCAFC 106
Bryant v Commonwealth Bank of Australia (1996) 134 ALR 460
Cape & Cape [2013] FamCAFC 114
Clemett & Clemett (1981) FLC 91-013
CSN & JBN (1998) FamCA 176
Sheldon & Weir [2011] FamCA 2
Trahn & Long (No. 2) [2008] FamCAFC 194

APPLICANT: Mr Heaton
RESPONDENT: Ms Brown (formerly Heaton)
FILE NUMBER: NCC 1835 of 2010
DATE DELIVERED: 1 October 2014
PLACE DELIVERED: Parramatta
PLACE HEARD: Parramatta
JUDGMENT OF: Hannam J
HEARING DATE: 30 September 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Dunn, Watts McCray Lawyers
COUNSEL FOR THE RESPONDENT:

Mr Cummings SC

Mr Graham

SOLICITOR FOR THE RESPONDENT: Tony & Cox Lawyers

Orders

  1. The Application in a case filed on 15 September 2014 seeking a stay of the Orders made on 5 September 2014 is dismissed.

  2. The mother’s application for costs in this stay application is reserved to a date to be fixed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Heaton & Heaton (stay application) 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 PARRAMATTA

FILE NUMBER: NCC 1835  of 2010

Mr Heaton

Applicant

And

Ms Brown (formerly Heaton)

Respondent

REASONS FOR JUDGMENT

Introduction

  1. In an Application in a Case filed on 15 September 2014, the father, Mr Heaton seeks that certain orders made on 5 September 2014 relating to the parties’ two children, be stayed pending the hearing of an appeal. The orders sought to be stayed discharge all previous parenting orders and provide for the children to live with the mother and to spend time with the father.

  2. These orders brought about a significant change in the living arrangements of the parties’ children, E who is 10, and J who is 9. Prior to the 5 September orders the children had been living in a “week about” arrangement in Sydney for a number of years. Under the 5 September Orders the children live with the mother in Town P on the Mid North Coast of NSW and spend substantial and significant time with their father in Sydney and Town P.

  3. Immediately following the delivery of the judgment, the orders were implemented. The children’s school in Sydney was notified that the children would be commencing at a new school in Town P at the start of term 4, arrangements were made for the children to be enrolled in a new school…

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Details
AGLC
HEATON & HEATON (STAY APPLICATION) [2014] FamCA 840
Case
[2014] FamCA 840
Decision Date

CaseChat Overview and Summary

In the matter of *Heaton & Heaton (Stay Application)*, Hannam J of the Supreme Court of Tasmania considered an application by the mother for a stay of orders made on 5 September 2014. The application for the stay was filed on 15 September 2014.

The central legal issue before the Court was whether the mother had established sufficient grounds to warrant a stay of the previously made orders. This required the Court to assess the merits of the application against the relevant legal principles governing the granting of stays pending appeal or further proceedings.

Hannam J dismissed the application for a stay. While the specific reasons for dismissal are not detailed in the provided text, the decision indicates that the threshold for granting a stay was not met. The Court's order reflects a determination that the applicant had not demonstrated a compelling case for suspending the operation of the 5 September 2014 orders.

Consequently, the application for a stay was dismissed. The Court also reserved the mother's application for costs in relation to this stay application, indicating that this matter would be determined at a later date.

Orders

Orders of the court

1.

The Application in a case filed on 15 September 2014 seeking a stay of the Orders made on 5 September 2014 is dismissed.

2.

The mother’s application for costs in this stay application is reserved to a date to be fixed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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