Morris & Morris

Case

[2009] FamCA 78

11 February 2009


FAMILY COURT OF AUSTRALIA

MORRIS & MORRIS [2009] FamCA 78
FAMILY LAW – CHILDREN – Consent orders
Family Law Act 1975 (Cth)
APPLICANT: Ms Morris
RESPONDENT: Mr Morris
FILE NUMBER: MLC 415 of 2007
DATE DELIVERED: 11 February 2009
PLACE DELIVERED: MELBOURNE
PLACE HEARD: MELBOURNE
JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN
HEARING DATE: 11 February 2009

MINUTES RECEIVED FROM

SOLICITOR FOR THE APPLICANT:

HARWOOD ANDREWS LAWYERS

SOLICITOR FOR THE RESPONDENT: MADDENS LAWYERS

Orders

  1. That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

  2. That the solicitor for the father engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

  3. 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 that publication of this judgment under the pseudonym Morris & Morris is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT

FILE NUMBER:

MS MORRIS

Applicant

And

MR MORRIS

Respondent

REASONS FOR JUDGMENT

  1. This is a case in which I am asked to make final parenting orders in chambers. The parties have signed the minutes and had their lawyers send them to the Court with a request that they be excused from attending. I have agreed to that course.

  2. The case involves three children K born in October 1997, J born in April 2000 and L born in May 2003.

  3. The children live predominantly with their father and under these orders will spend time with their mother on alternate weekends from Friday to Monday and on each Wednesday overnight until the Thursday morning.

  4. There are other provisions in the orders which make sense about the children.

  5. The proceedings began in January 2007 at a time when there were also property issues alive. The parties resolved those matters by final orders.

  6. Before making the orders, I can indicate that I have had the benefit of reading not only a report by psychologist Ms D but also an issues assessment report by a family consultant appointed by the court.

  7. Having read all of that material, I am satisfied that the orders proposed are in the best interests of the children.

I certify that the preceding Seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  11 February 2009

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Remedies

  • Procedural Fairness

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