Moose and Moose

[2007] FamCA 714

FAMILY COURT OF AUSTRALIA

MOOSE & MOOSE [2007] FamCA 714

FAMILY LAW - CHILDREN – With whom child lives – Sole parental responsibility – with whom child spends time with – Supervision of spending time with – Contact centre

APPLICANT: MRS MOOSE

RESPONDENT: MR MOOSE

INDEPENDENT CHILDREN’S LAWYER: MS LOVELL-JONES

FILE NUMBER: BRF 7403 of 2001

DATE DELIVERED: 12 July 2007

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: BELL J

HEARING DATE: 9 & 10 July 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Smart of Counsel

SOLICITOR FOR THE APPLICANT: Jensens Solicitors

COUNSEL FOR THE RESPONDENT: Mr Anderson of Counsel

SOLICITOR FOR THE RESPONDENT: Simonidis Shoebridge Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Theobald of Counsel

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER: Legal Aid Commission of New South Wales

Orders

1. The children J and S both born in December 1997 live with the mother.

2. The mother have sole parental responsibility for the children.

3. The children are to spend time with the father under supervision at the L Contact Centre on the last Saturday or Sunday of each calendar month for a period of two (2) hours and to facilitate such time each party must:

   i.Comply with any appointment made by the L Contact Centre;

   ii.Comply with all reasonable rules of the L Contact Centre;

   iii.Comply with all reasonable requests or directions of the staff of the L Contact Centre.

4. That pursuant to s.65DA(2) and s.62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Bell delivered this day will for all publication and reporting purposes be referred to as Moose and Moose

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRF7403 of 2001

MRS MOOSE

Applicant

And

MR MOOSE

Respondent

REASONS FOR JUDGMENT

1. This is an application by the mother for various orders relating to two children of her marriage to the respondent husband.  I am mindful, of course, that in cases such as this it is a requirement that I give adequate reason in coming to my decision and I will be referring to various documents, which I will be partially including in my reasons for judgment and some which I will include totally. 

2. But very briefly the history of the matter, and I emphasise that this is brief, the parties met in February 1999 or about that time.  They married on 9 September 1995.  Two children were born, J and S, twin sons, in December 1997.  The mother had previously had an association whereby she had a son namely, B, who was born in October 1987.  The parties separated in or about August of 1999.

   RECORDED  :  NOT TRANSCRIBED

3. For a comparatively short period after…