LAMAS & MILTON
[2012] FMCAfam 133
•6 February 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LAMAS & MILTON | [2012] FMCAfam 133 |
| FAMILY LAW – Children – final orders. |
| Family Law Act 1975 |
| Applicant: | MS LAMAS |
| Respondent: | MR MILTON |
| File Number: | ADC 1646 of 2009 |
| Judgment of: | Kelly FM |
| Hearing date: | 6 February 2012 |
| Date of Last Submission: | 6 February 2012 |
| Delivered at: | Adelaide |
| Delivered on: | 6 February 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr I Charman |
| Solicitors for the Applicant: | Ian Charman & Associates |
| Counsel for the Respondent: | Ms H R Black |
| Solicitors for the Respondent: | Alderman Redman |
ORDERS
By consent order in terms of minutes signed by me this day.
IT IS NOTED that publication of this judgment under the pseudonym Lamas & Milton is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT ADELAIDE |
ADC 1646 of 2009
| MS LAMAS |
Applicant
And
| MR MILTON |
Respondent
REASONS FOR JUDGMENT
In this matter then I now make orders in terms of minutes of order presented to the court and signed by me this day. These minutes of order have come about with the assistance of a family assessment prepared by Dr A across 2011 and also as a result of extensive negotiations between the parties with the assistance of their legal representatives.
The orders clearly provide for [X] to maintain a meaningful relationship with each of her parents. She will be living in the primary care of her mother, but spending regular time with her father. There is some proviso for that time to extend a little during school holidays.
The proposed orders provide properly for special occasions and also are quite detailed in terms of handover arrangements, communication between the parties and indeed, between the father and [X] on the days when she is not in his care. The orders also go into quite detailed requirements imposed upon the parties in terms of further therapeutic intervention and counselling for each of them with specified counsellors.
In the circumstances I am satisfied these orders are appropriate and are in [X]’s best interests. I hope they will provide a steady framework for [X]’s relationship with each of her parents and that the parties can in fact continue on with their parenting responsibilities away from the court process. I make that comment noting of course the father may well be seeking a more extensive role in [X]’s life as she gets older, but the reality is the more issues that can be agreed between the parents, away from the court setting, the better it is for them and the better it will be for [X].
The greatest gift that her parents can give to [X] at this stage of her young life is to be able to sort out their parenting responsibilities as smoothly as possible away from the courtroom, so that she has a childhood that is not marred by the ongoing disputes and confrontations that the court process inevitably brings with it.
I am sure both parties will make their best effort and put their best foot forward in that regard. Hopefully they will endeavour to ensure, for their daughter’s sake, that they do not spend the next few years under the shadow of the court. I wish them all the best in that regard.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Kelly FM
Date: 6 February 2012
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