FEDERAL MAGISTRATES COURT OF AUSTRALIA
| LAMBMAN & LAMBMAN (No.2) | [2011] FMCAfam 496 |
| FAMILY LAW – Parenting – dying parent – problematic role of positive law – wishes of children – ‘best interests’ considerations – use of research and materials from disciplines other than law (regarding bereavement) – litigation guardian for dying parent – virtues required of ‘surviving parent’ to be role model for children. |
| Family Law Act 1975, ss.60CA, 60B(1), 60CC(3)(c) Federal Magistrates Court Rules 2001, Division 11.2 |
| L v Human Rights & Equal Opportunity Commission (2007) 233 ALR 432 Aristotle, Nicomachean Ethics A. Kellehear, “Grief and loss: past, present and future,” (19 August 2002) 177 Medical Journal of Australia 176 B. Raphael, “Grieving the death of a child,” (2006) 332 British Medical Journal 620 |
| Applicant: | MS LAMBMAN |
| Respondent: | MR LAMBMAN |
| Intervenor: | MS O |
| File Number: | CAC 2045 of 2007 |
| Judgment of: | Neville FM |
| Hearing date: | 24 February 2011 |
| Date of Last Submission: | 24 February 2011 |
| Delivered at: | Canberra |
| Delivered on: | 25 February 2011 |
REPRESENTATION
| Solicitor/Advocate for the Applicant: | Ms L Strong |
| Solicitors for the Applicant: | Strong Law Pty Ltd, Canberra |
| Solicitors for the Respondent: | In person |
| Solicitors for the Intervenor: | In person |
| Solicitor for the Independent Children’s Lawyer | Ms J Lloyd, of Jeanine Lloyd & Associates, Canberra |
ORDERS
The Father do all acts and things necessary to facilitate the 2 children [X] born [in] 1999 and [Y] born [in] 2000 with the maternal aunt Ms O as follows:
(i)For 4 hours on each Saturday from 11:00am to 3:00pm unless otherwise agreed. For 4 hours on each Sunday from 11:00am to 3:00pm unless otherwise agreed until the death or loss of consciousness of the Mother, whichever is the earlier.
(ii)For such other or alternate times as may be agreed by the Father and Ms O.
(iii)Changeover shall occur at The [C] Hospital or Hospice in which the Mother is being cared for unless otherwise agreed.
(iv)The Father shall do all things necessary to facilitate the children’s timely attendance at the Mother’s funeral and the Father shall do all things necessary to ensure that the children attend any memorial service or wake as organised by the Mother’s family members.
The Father and Ms O do all acts and things necessary to attend a Family Dispute Resolution Conference to discuss ongoing time the children are to spend with Ms O after the Mother’s death in light of the Father’s proposal to move to Tasmania.
The contravention application filed by…
Continue reading Lambman and Lambman (No.2)
Sign in free to access the full text
- AGLC
- Lambman and Lambman (No.2) [2011] FMCAfam 496
- Case
- [2011] FMCAfam 496
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the proposed visitation arrangements were in the best interests of the children and whether the father should be required to facilitate the children's attendance at the mother's funeral and memorial services. The court was also required to decide whether the contravention application should be stood over to a later date.
In making its decision, the court considered the evidence presented by both parties and the best interests of the children. The court found that the proposed visitation arrangements were in the best interests of the children and ordered the father to facilitate the children's access to their maternal aunt. The court also ordered the father and the maternal aunt to attend a Family Dispute Resolution Conference to discuss ongoing time the children are to spend with the maternal aunt after the mother's death. Finally, the court decided to stand over the contravention application to a later date to be advised.
In summary, the court made orders for the father to facilitate the children's visitation with their maternal aunt and attendance at the mother's funeral and memorial services. The court also ordered the father and the maternal aunt to attend a Family Dispute Resolution Conference and stood over the contravention application to a later date.
Orders
Orders of the court
1.
The Father do all acts and things necessary to facilitate the 2 children [X] born [in] 1999 and [Y] born [in] 2000 with the maternal aunt Ms O as follows:
(i) For 4 hours on each Saturday from 11:00am to 3:00pm unless otherwise agreed. For 4 hours on each Sunday from 11:00am to 3:00pm unless otherwise agreed until the death or loss of consciousness of the Mother, whichever is the earlier.
(ii) For such other or alternate times as may be agreed by the Father and Ms O.
(iii) Changeover shall occur at The [C] Hospital or Hospice in which the Mother is being cared for unless otherwise agreed.
(iv) The Father shall do all things necessary to facilitate the children’s timely attendance at the Mother’s funeral and the Father shall do all things necessary to ensure that the children attend any memorial service or wake as organised by the Mother’s family members.
2.
The Father and Ms O do all acts and things necessary to attend a Family Dispute Resolution Conference to discuss ongoing time the children are to spend with Ms O after the Mother’s death in light of the Father’s proposal to move to Tasmania.
3.
The contravention application filed by the Mother be stood over to a date to be advised.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.