FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MATHERS & STANLEY | [2011] FMCAfam 1232 |
| FAMILY LAW – Interim hearing – best interests – family violence – meaningful relationship – presumption of equal shared parental responsibility. |
| Family Law Act 1975 (Cth), ss.60CC, 60B, 61DA |
| MRR & GR [2010] HCA 4 Dylan & Dylan [2007] FamCA 842 |
| Applicant: | MR MATHERS |
| Respondent: | MS STANLEY |
| File Number: | ADC 2158 of 2011 |
| Judgment of: | Brown FM |
| Hearing date: | 24 October 2011 |
| Date of Last Submission: | 24 October 2011 |
| Delivered at: | Adelaide |
| Delivered on: | 24 October 2011 |
REPRESENTATION
| Counsel for the Applicant: | Ms Rieniets |
| Solicitors for the Applicant: | Denise M Rieniets & Associates Pty Ltd |
| Counsel for the Respondent: | Ms Lewis |
| Solicitors for the Respondent: | Matthew Mitchell |
ORDERS
The matter is fixed for final hearing before Federal Magistrate Brown on 28 & 29 March 2012 at 10:00am NOTING 2 days allowed.
The applicant file and serve all affidavit evidence he proposes to rely on at trial on or before close of Registry filing on 1 March 2012.
The respondent file and serve all affidavit evidence she proposes to rely on at trial on or before close of Registry filing on 15 March 2012.
On or before 15 March 2012 the applicant do pay the setting down fee or file an exemption certificate in respect thereof.
The applicant pay such daily hearing fee as required pursuant to the Federal Magistrates Regulations 2000.
The parties and each of them do all such things as may be reasonably required to enable a family assessment to be carried out with respect to the competing applications for parenting orders before the Court, such assessment to include interviews with the child and, at the discretion of the family consultant, observed interaction of the child with any relevant adult person in addition to the parties as the assessor considers appropriate, the assessment to be carried out by a person agreed in writing between the parties within 14 days or, in default of agreement, as may be fixed by the Court upon application after the expiration of that time and with the costs of such assessment and the report arising from such assessment to be borne equally by the parties and released by no later than 15 February 2012.
UNTIL FURTHER OR OTHER ORDER THE COURT ORDERS THAT:
The parties have equal shared parental responsibility for the child of the marriage [X] born [in] 2008.
The child [X] born [in] 2008 live with the mother.
The child spend time with the father as follows:
(a)Each Saturday from 10:00am to 10:00am the following Sunday commencing 29 October 2011; and
(b)From 12:00pm midday on 7 December 2011 until 12:00pm midday on 8 December 2011 provided the father is able to obtain leave from his employment on this occasion.
The child is to be exchanged at a location that is agreed between the parties and failing agreement at the [omitted Play Centre].
The time for the father to spend with the child is suspended during the period 9 December…
Continue reading Mathers and Stanley
Sign in free to access the full text
- AGLC
- Mathers and Stanley [2011] FMCAfam 1232
- Case
- [2011] FMCAfam 1232
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1.
The matter is fixed for final hearing before Federal Magistrate Brown on 28 & 29 March 2012 at 10:00am NOTING 2 days allowed.
2.
The applicant file and serve all affidavit evidence he proposes to rely on at trial on or before close of Registry filing on 1 March 2012.
3.
The respondent file and serve all affidavit evidence she proposes to rely on at trial on or before close of Registry filing on 15 March 2012.
4.
On or before 15 March 2012 the applicant do pay the setting down fee or file an exemption certificate in respect thereof.
5.
The applicant pay such daily hearing fee as required pursuant to the
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.