Khitrova and Anor and Khitrov

FAMILY COURT OF AUSTRALIA

KHITROVA AND ANOR & KHITROV [2008] FamCA 890

FAMILY LAW – CONSENT ORDERS – Minutes of consent orders executed is Belarus - Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents – the Foreign Evidence Act 1994 - effect of an apostille - final parenting orders made

Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents
Foreign Evidence Act 1994 (Cth) ss 3 and 37

Cabal and Another v United Mexican States and Another (No 3) [2000] FCA 1204

FIRST APPLICANT:

SECOND APPLICANT:

Ms Khitrova

Mr Stett

RESPONDENT: Mr Khitrov

FILE NUMBER: MLC 3534 of 2008

DATE DELIVERED: 19 May 2008

PLACE DELIVERED: Melbourne

PLACE HEARD:

JUDGMENT OF: Bennett J

HEARING DATE:

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Ms P.A. Byrnes

SOLICITOR FOR THE APPLICANTS: Richard Calley Pty Ltd

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: No Appearance

Orders

In the matter of Khitrova & Stett and Khitrov I make orders:

BY CONSENT IT IS ORDERED:

1. That there be orders in terms of the Minutes of Consent Orders signed by the parties.(“the Minute”).

IT IS DIRECTED:

1. That the Minute be placed upon the Court file and marked “Exhibit B”.

2. That the court will engross the orders.

3. That the reasons for judgment this day be transcribed and that copies be made available to the parties and sent to the respondent father by prepaid post.

IT IS ORDERED:

1. That the address of the respondent father, Mr Khitrov, be recorded on the records of the Court as Flat 38, …, Republic of Belarus.

2. That all outstanding Applications are dismissed and the proceedings are removed from the Active Pending Cases List.

IT IS ORDERED BY CONSENT:

1. That the mother and the stepfather have day to day joint parental responsibility of the child … born … February 1996.

2. That the said child live with the mother and the stepfather.

3. That in the event of the mother’s death, the child live with the stepfather.

4. That the child spend time with the father at times as agreed between the parties.

5. That pursuant to Sections 65DA(2) and 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 those particulars are included in these orders.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER:  MLC 3534 of 2008

MS KHITROVA and MR STETT

Applicants

And

MR KHITROV

Respondent

REASONS FOR JUDGMENT

1. I have before me the application of the mother Ms Khitrova and her husband Mr Stett, pursuant to which they seek orders that they have parental responsibility for the child born in February 1996, that…