Kapoor and Kapoor

[2007] FamCA 362

FAMILY COURT OF AUSTRALIA

KAPOOR & KAPOOR [2007] FamCA 362

FAMILY LAW - CHILDREN - With whom a child communicates - Orders

Family Law Act 1975 (Cth)

APPLICANT: Mr Kapoor

RESPONDENT: Mrs Kapoor

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: DGF 782 of 2002

DATE DELIVERED: 7 April 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Young J

HEARING DATE: 4 April 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: NO APPEARANCE

COUNSEL FOR THE RESPONDENT: IN PERSON

INDEPENDENT CHILDREN’S LAWYER COUNSEL: MR LEETON

INDEPENDENT CHILDREN’S LAWYER SOLICITOR: ROBERT HALLIDAY & ASSOCIATES

Orders

1. THAT the Form 1 application of the husband filed 16 February 2005 be dismissed.

2. THAT any other extant application or response be dismissed and the proceedings be removed from the list of cases awaiting hearing.

3. THAT the Independent Children’s Lawyer forthwith serve by prepaid post upon the husband at his address, B, a sealed copy of this order.

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

5. THAT there be no order as to costs in these proceedings.

6. THAT the extempore reasons for judgment be transcribed, be placed upon the court file and be made available to all parties.

IT IS NOTED
A.     THAT the husband was called out of court and did not appear.

B.THAT the court is satisfied that the husband knew of the listing of the matter this day and that it was his election not to attend at court when appropriately notified.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: DGF 782 of 2002

MR KAPOOR

Applicant

And

MRS KAPOOR

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. In the matter of Kapoor the wife is before the court today.  Mr Leyton appears as counsel instructed by the independent children's lawyer, there is no appearance by or on behalf of the husband.  The husband is the applicant and his Form 1 was filed 16 February 2005.  The matter has been in court awaiting a final hearing of that application.  The specific orders sought are for the father to spend reasonable time with the child, a son, born in November 1997.

2. That application is opposed by the wife who filed her Form 1A response on 31 March 2005.  There have been subsequent orders of the court but the current children's and parenting circumstances are dealt with in the order of Senior Registrar Fitzgibbon made 16 August 2005.  On that occasion it was ordered by the court after an interim defended hearing when the husband was represented by counsel, that:

   i)All interim applications be dismissed.

   ii)That until further order there be no indirect contact, but cards, letters or gifts by the husband with the two children of the marriage.

3. This matter has been case managed and was originally listed for hearing tomorrow, Easter Thursday.  By arrangement the matter was brought forward and listed today.  The father was notified by the court services manager of that change in hearing date as were both the mother and the independent children's lawyer.  I have had produced to me by the court the letter that was sent by registered post to the father advising of the listing of this matter today.  That letter can be marked as a court exhibit 1, and be retained on the court file.

4. I am satisfied that the court services manager Mr L did contact the father, did speak to him and did advise him of the listing of the matter this day.  I am satisfied that the father knew therefore of the hearing.  In any event I had this matter stood down when the father did not appear this morning.  He was called out of court and did not answer that call.  Subsequently he has been contacted on his mobile telephone by the independent children's lawyer. 

5. I accept the matters that have been detailed to the court through counsel for the children that he will not be attending court today.  The father has asked for an order that he be permitted to send gifts and cards to the children.  In the context of this case and because of the prior order I will not grant that application.  I am also advised by counsel of the response of the child to that application - a most unfortunate response but perhaps realistic in the facts of this case that he would simply put such cards or letters in the rubbish bin.

6. In summary I am satisfied that the matter is listed with the knowledge of all parties.  I propose to dismiss the application and remove all proceedings from the list of cases awaiting hearing.

I certify that the preceding paragraphs are
a true copy of the reasons for judgment herein
of The Honourable Justice Young

………………………………………………………..
Associate: 
Date:26 April 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as KAPOOR & KAPOOR