MJ & JBD and Anor

[2006] FamCA 419

[2006] FamCA 419

FAMILY LAW ACT 1975

IN THE FAMILY COURT OF AUSTRALIA

AT   No. (P)SYF.2873 of 2005

IN THE MATTER OF:	MJ	Mother
AND	JBD	Father
AND	LD	Second Respondent

REASONS FOR JUDGMENT

CORAM:	Judicial Registrar W. P. Johnston
DATE OF HEARING:	8, 9 and 10 February 2006
DATE OF JUDGMENT:	31 May 2006

Catchwords

FAMILY LAW - CHILD SUPPORT - Overseas maintenance order

Legislation considered

Family Law Act 1975 – s.66B, s.66B(1), s.66C(1), s.66C(2), s.66G, s.66H, s.66J(1), s.66J(3), s.66K(1), s.66K(4), s.66K(5), s.66P(1), s.66P(1)(d), s.67B

Cases considered

Luckie and Luckie (1989) FLC 92-036

APPEARANCES:

Mr Campton of Counsel	instructed by Barkus Edwards Doolan, Solicitors, appeared on behalf of the applicant mother.
Mr Gould of Counsel	instructed by McDonell Milne Toltz, Family Lawyers, appeared on behalf of the respondent father and the second respondent.

Applications

1. The parties are MJ, JBD and LD.  For convenience I shall refer to them as “the mother”, “the father” and “[LD]”.  The mother seeks the following orders:

   1.That pursuant to Section 66G of the Family Law Act 1975 (“the Act”) the father pay to her within 21 days of the date of these Orders by way of child maintenance for the child P born in December 2004 (“the child”) the sum of $27,415.

   2.That in addition to the maintenance provided for in Order 1 and pursuant to Section 66G of the Act, the father pay to the mother within 21 days of the date of these Orders the sum of $4,036 by way of lump sum maintenance for the child.

   3.That pursuant to Section 67B of the Act, the father pay to the mother within 21 days of the date of these Orders the sum of $4,876 by way of maintenance of the mother during the childbirth maintenance period.

   4.That in addition to the maintenance provided for in Orders 1 and 2 and pursuant to Section 66G of the Act, the father pay to the mother within 21 days of the date of these Orders the sum of $464,359 by way of future lump sum child maintenance for the child.

   In the alternative to Order 4 and without concession:

   5.That in addition to the maintenance provided for in Orders 1 and 2 and pursuant to Section 66G of the Act, the father pay to the mother or as she may from time to time direct in writing, child maintenance for the child in the sum of $530 per week, the first payment to be made within seven days of the date of these Orders and the final payment to be made upon the happening of the first of the following events:

   5.1      on the child attaining the age of 18 years;

   5.2      on the death of the child;
             5.3      on the child becoming a member of a couple.

   6.That the child maintenance payable by the father to the mother pursuant to Order 5 is to be varied on 1 July each year, commencing on 1 July 2007, to such sum…