Machaut and Bellini (No 2)

[2016] FamCA 552

FAMILY COURT OF AUSTRALIA

MACHAUT & BELLINI (NO 2) [2016] FamCA 552

FAMILY LAW – CHILDREN – PROCESS AND PROCEDURE – interim parenting.

APPLICANT: Ms Machaut

RESPONDENT: Mr Bellini

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER: Ms Hams

FILE NUMBER: MLC 346 of 2014

DATE DELIVERED: 22 June 2016

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 22 June 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: In Person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Ms Swann

SOLICITOR FOR THE RESPONDENT: Aughtersons

Orders

1. This matter be listed for mention in court before me on Tuesday 12 July 2016 at 4.30pm to follow the Family Dispute Resolution Service mediation which is to commence at approximately 1.30pm that day.  In the event the mediation is not concluded by 4.00pm, the Independent Children's Lawyer contact my chambers.

2. IT IS ORDERED in accordance with the Minutes of Proposed Orders sealed and attached hereto AND IT IS DIRECTED that such Minutes remain upon the Court file.

3. In anticipation of the final hearing, each party file and serve any amended application or response and all affidavit material or proofs of evidence in support of his/her case, by Friday 15 July 2016.

IT IS ORDERED UNTIL FURTHER ORDER:-

1. The Mother spend time with the child B born … 2010 as follows:-

   During the school holidays:-

   (a)From after school on Friday 24 June 2016 when the Father deliver the child to the Mother at Suburb G to 10:00am Wednesday, 29 June 2016;

   (b)From 10:00am Friday 1 July 2016 to 10:00am Wednesday 6 July 2016;

   (c)From 10:00am Friday 8 July 2016 to 6pm Sunday 10 July 2016.

   During the school term:-

   (a)From the conclusion of school or 3:30pm on Thursday 14 July 2016 to 6:00pm on Sunday 17 July 2016;

   (b)From the conclusion of school or 3:30pm on Thursday 21 July 2016 to 6:00pm on Sunday 24 July 2016;

   (c)From the conclusion of school Tuesday 26 July 2016 to 6:00pm on Thursday 28 July 2016.

2. The child must attend school from 11 July 2016 onwards noting the Mother is not required to send the child to school on the following dates:-

   (a)Friday 15 July 2016;

   (b)Friday 22 July 2016;

   (c)Wednesday 27 and Thursday 28 July 2016.

3. For the purpose of changeover the Mother collect as required from the child’s school or otherwise changeover will occur at F Street, Suburb G.

4. Each parent be permitted to telephone/Skype the child each alternate day that the child is not in their care for a period of 5 minutes at 7:00pm with each parent to facilitate such call. 

IT IS NOTED that publication of this judgment by this Court under the pseudonym Machaut & Bellini (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 346 OF 2014

Ms Machaut

Applicant

And

Mr Bellini

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

Ex-Tempore

1. This is the interim defended hearing of the mother’s Application in a Case filed 9 May 2016. On the 13 May 2016 I made urgent parenting orders for the mother to spend time with the child, B born in 2010 during the mother’s visit from Country D to Australia for the purpose of preparing a family report.

2. The mother seeks time with the child during the school holidays extending into the school term while the mother is in Australia. 

3. A family report was conducted on 20 June 2016 by Ms E, Family Consultant who presented her preliminary findings in this court today. Given the short time between conducting the interviews and today’s hearing a formal written report is still being formulated.

4. I have given this matter much consideration. I take into account as the paramount consideration this little girl’s well-being. This is one of those cases where that does not always sit comfortably with what the parents want or what they think is fair as opposed to what is in the child’s best interests.

5. I have heard oral evidence from Ms E today. I will order that that evidence be transcribed. Accordingly, I will not repeat it here. I accept the evidence of Ms E in all respects.

6. I am satisfied there should be time which is less generous than the father initially offered the mother in relation to the school holidays. I am not satisfied there should be the sort of disruptions or interruptions the father sought to impose.

7. I will make orders in the terms of the family consultant’s recommendations which have been pictorially reflected in a calendar.

8. I make orders in the terms of this minute which has been prepared, noting it is not by consent.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Bennett delivered on 22 June 2016.

Legal Associate:

Date: 8 July 2016