Materanzi and Suskain

[2013] FamCA 656

FAMILY COURT OF AUSTRALIA

MATERANZI & SUSKAIN [2013] FamCA 656

FAMILY LAW – leave is granted to the father’s legal representative to provide a copy of the Family Report to the child’s therapeutic counsellor

Family Court of Australia 1975 (Cth)

APPLICANT: Mr Materanzi

RESPONDENT: Ms Suskain

INDEPENDENT CHILDREN’S LAWYER: Legal Aid New South Wales

FILE NUMBER: SYC 776 of 2010

DATE DELIVERED: 30 August 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 30 August 2013

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Ms Manfre

THE RESPONDENT IN PERSON: No appearance

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Webber

Orders

1. That leave is granted to the father’s legal representative to provide a copy of the Family Report of Ms SM dated 2 May 2013 to the child’s therapeutic counsellor.  Such leave is conditional upon that report remaining in the custody and control of the counsellor at all times and is not to be shown to nor copies provided to any other person(s) without leave of this Court. 

NOTATIONS

A.It is noted that the independent children’s lawyer and the solicitor for the father shall each write to the mother, by email, confirming the hearing dates for next week and that her affidavits should be filed as soon as possible.

IT IS NOTED that publication of this judgment by this Court under the pseudonym  Materanzi & Suskain 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 SYDNEY

FILE NUMBER: SYC 776 of 2010

Mr Materanzi

Applicant

And

Ms Suskain

Respondent

REASONS FOR JUDGMENT

Introduction

1. These reasons were delivered orally.

2. On 6 May 2013 the father sought to leave to provide the family report of Ms SM dated 2 May 2013 to the counsellor for the child of the parties.  I gave such leave subject to no objection being raise to that course prior to 14 May 2013.

3. I am informed that on that day the mother wrote an email objecting to the report being provided but giving no reasons or the basis of the objection.

4. The father wishes to provide that report to the counsellor for the purpose of obtaining a short form report from the counsellor for the hearing of this matter scheduled for the week after next.

5. The mother has not appeared today and attempts to contact her by telephone have proved fruitless.

6. The independent children’s lawyer neither opposes nor consents to the provision of the report to the child’s counsellor.

7. It is difficult to say on what basis the provision of the Family Report to the counsellor, who is providing therapeutic care to the child, could be opposed and as stated the mother has not given any basis for the objection.

8. I take into account that the mother is not present and therefore cannot set out the basis of her objections but nevertheless it is in the best interests of the child that as much evidence as possible be available at the hearing of this matter including the report from the child’s therapeutic counsellor who has received all of the other expert’s reports in this matter.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Aldridge delivered on 30 August 2013.

Associate:     

Date:  2 September 2013