HENLON & FARNISH

[2019] FamCA 859

FAMILY COURT OF AUSTRALIA

HENLON & FARNISH [2019] FamCA 859

FAMILY LAW – CHILDREN – all parenting orders relating to the fifteen year old child discharged

Family Law Act 1975 (Cth)

APPLICANT: Mr Henlon

RESPONDENT: Ms Farnish

FILE NUMBER: BRC 3105 of 2009

DATE DELIVERED: 24 October 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Baumann J

HEARING DATE: 24 October 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Munro Legal Pty Ltd

THE RESPONDENT: No appearance

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr R Slade Jones

INDEPENDENT CHILDREN’S LAWYER: Ms L Wiid
Lyrene Wiid Lawyer & Migration Agent

Orders

1. That all previous Orders with respect to the child, X born … 2004 (“the child”) be discharged.

2. That the Independent Children’s Lawyer be discharged.

3. That all outstanding Applications and Responses be dismissed.

4. That neither parent, although able to file an application for further parenting orders in respect of the child, shall be entitled to proceed with an application without leave of a Registrar or Judge of the Family Court of Australia or the Federal Circuit Court of Australia.

5. That any parent seeking to proceed with an application in accordance with Order 4 hereof must provide in support of the application:

   (a)       copy of the Reasons for Judgment delivered 24 October 2019; and

   (b)       a copy of the family report of Ms D dated 20 February 2019.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Henlon & Farnish has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 3105 of 2009

Mr Henlon

Applicant

And

Ms Farnish

Respondent

EX TEMPORE REASONS FOR JUDGMENT

(Settled from the oral reasons delivered)

Introduction

1. The Applicant father, Mr Henlon, and the Respondent mother, Ms Farnish, who are aged now 62 years and 52 years respectively, commenced a relationship in 1999 but separated, it would seem, by 2008.  They were blessed with three children, Ms C, who is now 19, B, who is 17, and the child the subject of these proceedings, X born in 2004.

2. As the matters have transpired today, the reasons which I provide for the orders I propose to make are brief.  That they can be brief, although still sufficient to indicate that the Court has exercised, as it must, its own discretion as to whether to make the orders sought by the Independent Children’s Lawyer (“ICL”) that they are found to be in the best interests of the child, is shaped by at least the following events as described.

3. This current application filed by…