Johns and Diplock

[2010] FamCA 833

FAMILY COURT OF AUSTRALIA

JOHNS & DIPLOCK [2010] FamCA 833

FAMILY LAW – CHILDREN – consent orders – final orders that the child is to live with the father and spend supervised time with the mother

Family Law Act 1975 (Cth)

APPLICANT: MR JOHNS

RESPONDENT: MS DIPLOCK

FILE NUMBER: ADC 912 of 2007

DATE DELIVERED: 15 SEPTEMBER 2010

PLACE DELIVERED: ADELAIDE

PLACE HEARD: ADELAIDE

EX TEMPORE REASONS  OF: BURR J

HEARING DATE: 15 SEPTEMBER 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: MS KRISHNAN

SOLICITOR FOR THE APPLICANT: DIXON GALLASCH

COUNSEL FOR THE RESPONDENT: NOT APPLICABLE

SOLICITOR FOR THE RESPONDENT: MOTHER IN PERSON

Orders

BY CONSENT, IT IS ORDERED THAT:-

1. The Orders made by the Honourable Justice Dawe on 3 July 2007 be discharged.

2. The child H (“the child”) born … February 2007 live with the father who shall have sole parental responsibility for her.

3. The mother spend time with the child for one week in each calendar month UPON CONDITION that such time is spent at all times under the supervision of the maternal grandmother.

4. The parties are restrained and an injunction is hereby granted restraining them from removing or attempting to remove the child from the State of South Australia SAVE AND EXCEPT for holiday purposes or as otherwise may be agreed between the parties in writing or ordered by a Court of competent jurisdiction.

5. The father’s application filed on 5 August 2010 is otherwise dismissed and all matters removed from the pending list.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 912  of 2007

MR JOHNS

Applicant

And

MS DIPLOCK

Respondent

REASONS FOR JUDGMENT

1. I have before me today the father’s Initiating Application filed on 5 August 2010.  In that Application he seeks to discharge orders made by Dawe J on 3 July 2007.  Those orders provided that the one child of the relationship between the parties H born in February 2007 live with the mother.  He was also seeking an order that the mother be restrained from removing the child from the State of South Australia.

2. The matter came before me last on 13 August 2010 and at that time the mother indicated that she was proposing to file answering documents and was opposed to the orders that the father sought.  I made some provision for her to spend time with the child during the period of the adjournment until today.  The time that the mother was to spend with the child was to be supervised by her own mother, the maternal grandmother.  I also made an order restraining both parties from removing the child from the State of South Australia.

3. The mother now comes before the Court today indicating that she does not wish to further pursue any proceedings before this Court on the basis of an agreement which she understands that she has reached with the father.  That agreement is that the child will live with the father here in South Australia and the mother will visit the child once per month for about a week in duration.  She volunteers that that time to be spent by her with the child will be spent at the home of the maternal grandmother and under the supervision of the maternal grandmother.  The maternal grandmother, who is in Court today, has indicated that she is perfectly happy with that arrangement and indeed is keen to offer time for her daughter to spend with the child under her supervision.

4. I am informed by Counsel for the father that he agrees with those arrangements as well and that I can make final orders today bringing an end to the proceedings between the parties.

I certify that the preceding four (4) paragraphs are a true copy of the Ex tempore reasons for judgment of the Honourable Justice Burr delivered on 15 September 2010.

Associate: 

Date:  15 September 2010