Jules and Jackson

[2007] FamCA 1576

FAMILY COURT OF AUSTRALIA

JULES & JACKSON [2007] FamCA 1576

FAMILY LAW – CHILDREN – Orders made for the welfare of a 6 year old child in the absence of any appearance by the father who has had no contact with her for a substantial period of time – Adequate proposals for the welfare of the child made and orders pronounced

Family Law Act 1975 (Cth)

APPLICANT: Ms Jules

RESPONDENT: Mr Jackson

FILE NUMBER: MLF 856 of 2006

DATE DELIVERED: 16 November 2007

PLACE DELIVERED: Mildura

PLACE HEARD: Mildura

JUDGMENT OF: Guest J

HEARING DATE: 16 November 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Martin

SOLICITOR FOR THE APPLICANT: Martin Irwin & Richards

COUNSEL FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE RESPONDENT:

Orders

1. THAT the mother have sole parental responsibility for the child of the relationship namely S born the … February 2001.

2. THAT the child live with the mother.

3. THAT the father spend time with the child at times to be agreed.

4. THAT pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

5. THAT all extant applications be dismissed.

6. THAT all matters be removed from the Active Pending Cases List.

7. THAT the Minutes of Consent Orders remain on the Court file.

8. THAT pursuant to Order 38 Rule 26 of the Family Law Rules it was reasonable to brief Counsel.

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

FAMILY COURT OF AUSTRALIA AT MILDURA

FILE NUMBER: MLF 856 of 2006

MS JULES  

Applicant

And

MR JACKSON  

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the regional sittings of the Family Court of Australia at Mildura.  Ms Martin appears for the mother, Ms Jules.  The proceedings were commenced by the mother, as appears from the court file, by way of a Form 1 Application filed in February 2005 out of the Magistrates Court at Mildura.  Those proceedings involved the issue, at that time, for the return of the child the subject of the proceedings, S, who was born in February 2001. 

2. Pursuant to an order made by Registrar Mestrovic on 31 May 2007, these contested applications were fixed for trial following transfer to the Family Court of Australia.  There was a further order that the mother do file and serve an Amended Form 1 Application and any affidavit material to be relied upon by her.  This has been done by Ms Martin.  I have before me the Amended Application which was filed on 23 October 2007 together with a very helpful affidavit deposed to by the mother and also filed on 23 October 2007. 

3. The mother commenced a relationship with Mr Jackson in 1996.  It was as a result of their union that the child, S, was born in February 2001.  Following unhappy differences between them, they separated shortly thereafter in July 2002.  I do not propose to go through the evidence in this matter which has been adequately set out in the mother's affidavit and which has been addressed by Ms Martin, and helpfully so, in the course of her submissions to me this day. 

4. I am satisfied that the father has in effect, if I may put it somewhat euphemistically, “gone into smoke”.  Initially he demonstrated a desire to see his daughter, but it now appears that there has been no contact or desire for contact since September 2006.  The material discloses that it is reasonable to believe that the father is no longer a serving member in the Defence Force.  It is further reasonable to believe that he is unemployed, given the child support that is being received in the basic amount of $40 per month.  A paltry contribution, indeed.

5. Furthermore, it is reasonable to assume on the deposition of the mother that the father has now no interest in seeing nor supporting his daughter. He was recently seen in Tasmania but he has left no forwarding address with his former solicitors in Queensland, who have filed a Notice of Ceasing to Act. I am obliged to proceed without undue formality in cases such as this, and I do so. Section 97(3) of the Family Law Act 1975 commends that course. 

6. It is proper in the circumstances that I make the orders proposed by the mother as tendered by Ms Martin.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate 

Date: 17 January 2008