Hills and Lomond

[2011] FamCA 4

FAMILY COURT OF AUSTRALIA

HILLS & LOMOND [2011] FamCA 4

FAMILY LAW – CHILDREN – final orders – where the mother has been sexually inappropriate towards the child – best interests – consent orders that the child reside with the father and he have sole parental responsibility

Family Law Act 1975 (Cth)

APPLICANT: MR HILLS

RESPONDENT: MS LOMOND

INDEPENDENT CHILDREN’S LAWYER: BARR LAWYERS

FILE NUMBER: ADC 4498 of 2010

DATE DELIVERED: 6 JANUARY 2011

PLACE DELIVERED: ADELAIDE

PLACE HEARD: ADELAIDE

EX TEMPORE JUDGMENT OF: BURR J

HEARING DATE: 6 JANUARY 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT:	MR BOLTON
SOLICITOR FOR THE APPLICANT:	BOLTONS LAWYERS

COUNSEL FOR THE RESPONDENT:	NOT APPLICABLE
SOLICITOR FOR THE RESPONDENT:	MOTHER APPEARING IN PERSON

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:	MR BARR
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	BARR LAWYERS

Orders

1. That the child A (“the child”) born … September 2000 live with the father who shall have sole parental responsibility for him.

2. That until further order of this Court or another Court of competent jurisdiction the mother not spend any time with the child.

3. That liberty is granted to the mother to forward Christmas and birthday presents for the child to the father’s residential address.

4. That the appointment of the Independent Children’s Lawyer be discharged.

5. That all matters be removed from the pending list.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 4498  of 2010

MR HILLS

Applicant

And

MS LOMOND

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. I have before me today the Initiating Application filed by the father on 29 November 2010 in which he seeks orders that the one child of the parties’ relationship A (“the child”) born in September 2000 (and who is hence just 10 years of age) live with him, the father.  He also seeks sole parental responsibility for the child.  The father also on the same date, namely 29 November 2010, filed a Notice of Child Abuse in which he made a number of allegations against the mother essentially to the effect that she had sexually abused her son.  The Independent Children’s Lawyer was appointed to assist the Court in the conduct and resolution of the proceedings.

2. The Court requested and received a report from Families SA dated 9 December 2010 in which it was reported that the mother had been interviewed by the South Australian Police (“SAPOL”) and acknowledged offending in the nature of inappropriate sexual conduct towards the child.  Criminal proceedings have been laid and have yet to be resolved in the criminal courts.

3. It is my view that it would serve the child’s best interests for the matter to be resolved on a final basis as promptly as possible.  The mother can always reinvigorate her application before the Court once the criminal proceedings are resolved and her place in the child’s life can be reassessed.  The finalisation of the proceedings is supported by both the Independent Children’s Lawyer and the mother as being the appropriate action at this time and the mother supports the making of orders in the terms being sought by the father.

I certify that the preceding three (3) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Burr delivered on 6 January 2011.

Associate: 

Date:  6 January 2011