Malak and Mairie

[2008] FamCA 1165

FAMILY COURT OF AUSTRALIA

MALAK & MAIRIE [2008] FamCA 1165

FAMILY LAW – CHILDREN – trial adjourned – application to vary parenting orders in adjourned period

Family Law Act 1975 (Cth)

FATHER: Mr Malak

MOTHER: Ms Mairie

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLF 1793 of 2005

DATE DELIVERED: 17 December 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Brown J

HEARING DATE: 17 December, 2008

REPRESENTATION

THE FATHER: In person

COUNSEL FOR THE MOTHER: Mr. D. Laidlaw

SOLICITOR FOR THE MOTHER: Rigoli & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER: Ms J.P. Spehr

THE INDEPENDENT CHILDREN'S LAWYER: Victoria Legal Aid

Orders

1. That the independent children’s lawyer have leave to file and serve further subpoenas addressed to the Department of Community Services, New South Wales and New South Wales Police, returnable at 10:00 am. on 16 January, 2009. 

2. That all extant applications be adjourned part-heard to 16 January, 2009.

3. That the mother do all things reasonably necessary to deliver the children D and E (both born on … May, 2004) to the child-minding room on the fifth floor of the Commonwealth Law Courts building by 9:30 am. on 18 December, 2008. 

4. That the father be at liberty to spend a period not exceeding fifteen minutes with the children on 18 December, 2008, commencing at or as soon after 9:30 am. as can be facilitated by court staff, and his time with the children be supervised by a family consultant, and during his time with the children, the father may give them Christmas presents.

5. That the father obey all instructions of the family consultant supervising his time with the children and other court staff on 18 December, 2008, including (but not limited to) any instructions relating to the time and place at which he sees the children and directions on how and when to leave the building.

6. That no other adult or child accompany the father during the time with the children pursuant to these orders.

7. That a transcript of the proceedings which commenced on 15 December, 2008 be obtained. 

8. That pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 1793 of 2005

MR MALAK

Father

And

MS MAIRIE 

Mother

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. The trial is being adjourned for reasons adverted to earlier;  I will not repeat them.  At issue in the trial is whether there should be any change to the existing order which provides that the father have no time with the child C.  The father seeks the resumption of time with her.  Pending the adjourned date, it is submitted some supervised time would be appropriate.  In my view, it would not be appropriate to make any order which results in C seeing her father at this time.  That is an issue to be determined and it would be premature to determine it prior to the trial’s completion.   

2. The father also seeks time with his sons at Christmas, pending the adjourned date.  The court needs to look at the realities of the situation.  In the past, gifts have been sent by post, which is unsurprising as the parties live eight or nine hours' apart.  The father has not seen the boys since November.  Pursuant to the current orders, he would see them again on 17 January, 2009, but not before. 

3. Christmas is a special time for children.  It can also be a time of great tension for families engaged in continuing litigation.  The court’s focus must be on the best interests of D and E.  I propose to require the mother to deliver the twins to the child minding room on the fifth floor, at 9.30 am., tomorrow.  I will book them in.  The father will be able to spend a maximum of 15 minutes with the boys, supervised by a family consultant - at this stage I believe that will be Ms H -  and can give them their Christmas presents then.  It is the father alone who is to spend time with his sons and I stress the importance of abiding by all requests made by court staff involved in facilitating the meeting.

I certify that the preceding
3  paragraphs
are a true copy of the reasons for
judgment herein of the
Honourable Justice Brown AM.

Dated the           day of            2009.

…………………………………………
Associate.