Lee and Vine

[2010] FamCA 995

FAMILY COURT OF AUSTRALIA

LEE & VINE [2010] FamCA 995

FAMILY LAW – CHILDREN – Where the mother has filed a notice of discontinuance – Where the mother failed to appear in court – Order for child to reside with the father and spend time with the mother as agreed between the parties – Order for sole parental responsibility to the father

APPLICANT: Ms Lee

RESPONDENT: Mr Vine

INDEPENDENT CHILDREN’S LAWYER: Ms Chan, Solicitor

FILE NUMBER: BRC 3004 of 2009

DATE DELIVERED: 29 October 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 29 October 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: There being no appearance by the Applicant Mother

COUNSEL FOR THE RESPONDENT: The Respondent Father appearing in person

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Chan, Solicitor of Legal Aid Queensland appearing as the Independent Children’s Lawyer

Orders

1. There being no appearance by the Mother the Orders sought by the Mother are dismissed.

2. The child, E born … May 1998 live with the Father.

3. The child spend time with the Mother as agreed between the Mother and Father.

4. The Father have sole responsibility for the short and long term care, welfare and development of the child.

5. The Mother be at liberty, from time to time, to send correspondence, emails, cards and gifts to the child.

6. The Mother and Father keep each other informed in writing of any change to their residential address, email address or landline and mobile telephone numbers.

7. That the within Orders hereby authorise the school attended by the child to provide to the Mother, upon her request and at her cost, copies of school reports, school newsletters, applications for class photographs and the like AND FURTHER to provide information to the Mother in relation to the child’s educational and social progress.

8. That the within Orders hereby authorise any medical and/or allied health professional consulted by the child to provide to the Mother, upon her request and at her cost, copies of documents and/or information in relation to the child’s health and welfare.

9. The Father to keep the Mother informed as soon as reasonably practicable of any medical condition, significant health issue or illness suffered by the child.  This Order authorises any treating medical practitioner to release the child’s medical information to the Mother, upon her request and at her cost.

10. The Father to advise the Mother in writing of any change to the child’s school.

11. The Independent Children’s Lawyer is discharged.

IT IS FURTHER ORDERED THAT:

1. Pursuant to s 62B and s 65DA(2), 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 to adjust to and        comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 3004 of 2009

MS LEE

Applicant

and

MR VINE

Respondent

REASONS FOR JUDGMENT

1. I take it from the reading of the notice of discontinuance and the covering letter – I’ll mark the letter of 25 October 2010 as exhibit 1 – and the non-appearance on today’s date when the matter was set down to proceed as combining to say the mother doesn’t wish to be heard in relation to these proceedings.

2. Orders were made on 31 March 2008 in the Magistrates Court for the child to live with the father, and there were orders for the child to spend time with the mother.  

3. I am not minded to make an order requiring the mother to keep the child informed of any change of address.  It is not difficult to locate people if the child wishes to go do.  At the very worst, it would necessitate an application to the court for a location order.

   RECORDED   :   NOT TRANSCRIBED

4. But what I’m minded to do is simply make an order that the child live with the father, that the child spend time with the mother as agreed between the parties, so that you will listen to the child and, if the child wants to go and see her mother, she can do so.  Any arrangement would involve your consent, effectively.  It has to be as agreed between the parties.

5. I am minded, in the circumstances, to make an order for sole parental responsibility.  That way it minimises the risk of ongoing conflict in a situation where the litigation has been going for a long period of time and there’s been a high level of dysfunction. 

   RECORDED   :   NOT TRANSCRIBED

6. He has asked that it be a two-street so I will make a mutual order, in that case, that the parties keep each other informed of any change to residential address or email address or telephone numbers.

   RECORDED   :   NOT TRANSCRIBED

7. You don’t need any more confirmation than that.  It says:

   If the father proposes to take the child for a holiday outside of Australia, he has to give a copy of the itinerary two months ahead. 

   That’s the existing order.  No one is seeking to change it.

   RECORDED   :   NOT TRANSCRIBED

8. The changes are mutual disclosure of any changes to address, telephone number or email, that the mother is at liberty to write to the child by post or by email.  I don’t need to deal with things like vaccinations and travel insurance and all that.  You’ve already got the orders permitting you to take the child out of the country.  In any event, you will have sole parental responsibility.  You are to keep the mother informed in writing forthwith if the child should require any form of medical procedure.  And the mother is authorised to contact the school authorities and/or any medical practitioner to make her own inquiries in relation to the child’s wellbeing.

   RECORDED   :   NOT TRANSCRIBED

9. For the mother to be at liberty to request copies from any school or any treating medical practitioner.

10. RECORDED   :   NOT TRANSCRIBED

11. There better be an order there that, there being no appearance by the applicant, orders sought by the applicant are dismissed.

I certify that the preceding eleven (11) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry delivered on 29 October 2010.

Associate: 

Date:  29 October 2010