Mahik and Talbot

FAMILY COURT OF AUSTRALIA

MAHIK & TALBOT [2009] FamCA 18

FAMILY LAW – CHILDREN – Final child orders – no appearance by father

Family Law Act 1975 (Cth)

APPLICANT: Ms Mahik

RESPONDENT: Mr Talbot

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 5237 of 2007

DATE DELIVERED: 21 JANUARY 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: YOUNG J

HEARING DATE: 21 JANUARY 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: MS JENKINSON

SOLICITOR FOR THE APPLICANT: MACGREGORS SOLICITORS

COUNSEL FOR THE RESPONDENT: NO APPEARANCE

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: MS WATTS

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: SEPTIMUS JONES & LEE

Orders

IT IS ORDERED:

1. THAT all previous children and parenting orders for the child … born … June 2006 be discharged.

2. THAT the mother have sole parental responsibility for the child.

3. THAT the child live with her mother.

4. THAT the father’s time to be spent with the child and any communication with her be reserved.

5. THAT as soon as practicable the solicitor for the mother serve upon the father by prepaid mail at his address for service on the record, G Street, T, Victoria, the following documents:

   (a)         a sealed copy of this order;

   (b)         the extempore reasons for judgment;

   (c)         the mother’s affidavit filed by leave this day.

6. THAT all documents before this court by way of subpoena be forthwith returned by the Subpoenas Clerk, Melbourne Registry, Family Court to the person or organisation who produced such documents to the court.

7. THAT the appointment of the Independent Children’s Lawyer be forthwith discharged.

8. THAT the application for final orders and application in a case both filed 11 May 2007, and any responses thereto be otherwise dismissed and the proceedings be removed from the list of cases awaiting hearing.

IT IS CERTIFIED

1. THAT pursuant to Rule 19.50 of the Family Law Rules this matter reasonably required the attendance of solicitors appearing as counsel for each of mother and the Independent Children’s Lawyer.

2. Pursuant to s 62B and s 65DA, 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 Fact Sheet a copy of which is annexed to these orders.

3. THAT the extempore reasons for judgment be transcribed, be placed upon the Court file and be made available to the parties.

IT IS NOTED:

A.       THAT the father was called out of court and did not attend this day.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5237 of 2007

MS MAHIK

Applicant

And

MR TALBOT

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. The matter of Mahik and Talbot has been referred to me for final hearing in the Judicial Duty…