Matlock and Burrell and Ors

[2015] FamCA 971

FAMILY COURT OF AUSTRALIA

MATLOCK & BURRELL & ORS [2015] FamCA 971

FAMILY LAW – CHILDREN – Best interests – where the child currently lives with the mother and the maternal grandmother – where the paternal grandmother seeks time with the child – where the child has not spent significant time with the paternal grandmother for a substantial period of time – interim orders made by consent for the child to spend supervised time with the paternal grandmother

Family Law Act 1975 (Cth)

APPLICANT: Ms Matlock

FIRST RESPONDENT: Mr Burrell

SECOND RESPONDENT: Ms Burrell

THIRD RESPONDENT: Ms B Matlock

INDEPENDENT CHILDREN’S LAWYER: Victoria Legal Aid

FILE NUMBER: BRC 1515 of 2011

DATE DELIVERED: 28 October 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 26 – 28 October 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Whitchurch

SOLICITOR FOR THE APPLICANT: Frank Vinci

THE FIRST RESPONDENT: No appearance

THE SECOND RESPONDENT: In person

COUNSEL FOR THE THIRD RESPONDENT: Ms Baczynski

SOLICITOR FOR THE THIRD RESPONDENT: Roger O’Halloran & Co

COUNSEL FOR INDEPENDENT CHILDREN’S LAWYER: Ms Brennan

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Victoria Legal Aid

Orders

1. That all previous parenting in relation to the child C born … 2009 be discharged.

2. The Mother and the Maternal Grandmother have equal shared parental responsibility for the child.

3. The child C born … live with the Mother and the Maternal Grandmother.

4. In the event that the Mother resides independently of the Maternal Grandmother, the child the child shall reside with the Maternal Grandmother unless agreed otherwise by the Mother and the Maternal Grandmother.

UNTIL FINAL ORDER

1. The child the child spend time and communicate with the Paternal Grandmother as follows:

   (a)On four occasions per year if three monthly intervals, at D Contact Centre, Suburb E or such other Contact Centre as may be nominated by the Independent Children’s Lawyer and the Paternal Grandmother be responsible for the cost of such visits;

   (b)By cards and letters on the occasions of the child’s birthday, Easter and Christmas;

   (c)       As such other times as may be agreed.

2. That for the purpose of paragraph 5 herein the parties forthwith sign all such documents and do all things necessary to engage the D Contact Centre, Suburb E, for the purpose of the child spending time with the Paternal Grandmother supervised by the Centre.

3. That prior to any time commencing pursuant to paragraph 5 herein the Mother, Maternal Grandmother, the child and the Paternal Grandmother attend upon Ms F Psychologist for therapeutic counselling to assist the parties to support B’s reintroduction to the Paternal Grandmother.

4. The parties shall each be responsible for one third of the costs of each therapeutic sessions to ensure that the overall cost of the said counselling is shared equally between them.

5. The Independent Children’s Lawyer be a liberty to forward to Ms F a brief letter of instruction together with the Family Report of Ms G dated 9 October 2014.

6. That the parties be and are each hereby restrained from:

   (a)Denigrating the other party or family members in the presence or hearing of the child;

   (b)Discussing the allegations of abuse or other allegations relating to the parties in the dispute in the presence or hearing of the child

7. That the Mother and the Maternal Grandmother and their servants and agents be and are hereby restrained from bringing the child into contact with any other therapeutic practitioner save as provided for in these orders or as ordered by the Court.

8. That the Paternal Grandmother and her servants or agents be and is hereby restrained from initiating any contact with the child or the Mother and Maternal Grandmother save as is provided for in these orders.

9. That the therapeutic counselling provided for in paragraph 7 herein shall commence on 16^th November 2015 and continue as recommended by the therapist for the balance or during the balance of 2015 unless the parties agree otherwise.

10. That the parties do all things necessary, in addition to those herein provided for in paragraph 6 herein to request of D Contact Centre Suburb E that visits commence there as soon as practicable in 2016 unless the parties agree otherwise.

11. The matter is otherwise listed for mention 9.30 am on 29 July 2016.

12. That pursuant to s 62B and s 65DA(2) of the Family Law Act 1975 (Cth), the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in the Annexure and these particulars are included in these orders.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Matlock & Burrell and Ors 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:  BRC 1515 of 2011

Ms Matlock

Applicant

And

Mr Burrell

First Respondent

And

Ms Burrell

Second Respondent

And

Ms B Matlock

Third Respondent

And

Independent Children’s Lawyer

REASONS FOR JUDGMENT

1. I am asked today to make orders by consent on a final basis with respect to the living arrangements and allocation of parental responsibility for the child, C.  I am also asked to make interim orders with respect to the time that the child is to spend with her paternal grandmother.  Today is third day of the final hearing before me in relation to the parenting arrangements for the child.

2. I have had the opportunity of reading and considering the trial affidavit material filed on behalf of the parties.  I have also read the family report prepared by Ms G in October 2014 and the other expert reports relied upon by the Independent Children’s Lawyer.

3. I have also had the opportunity of hearing the applicant be cross-examined by Counsel representing the Independent Children’s Lawyer and the paternal grandmother.  I have observed each of the parties in Court during the hearing.

4. Having considered all of that material, I am satisfied that the proposed orders are in the child’s best interests.  They will ensure that she continues to live with her mother and maternal grandmother with whom she has lived since 2013.  They will also provide her with the opportunity of reconnecting with the paternal family by spending time with the paternal grandmother on a supervised basis.   Given that the child has spent no time with the paternal grandmother since she commenced living in Victoria with her maternal family, I am satisfied that it is in her best interests that her time with the paternal grandmother be supervised.  The question of time the child is to spend with her paternal grandmother will be considered further in the second half of 2016, when the child has had the opportunity to spend some time with her pursuant to these orders.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 28 October 2015

Associate: 

Date:  28 October 2015