Morrison and Towers
[2008] FMCAfam 200
•8 February 2008
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| MORRISON & TOWERS | [2008] FMCAfam 200 |
| FAMILY LAW – Parenting orders – contact – residence – where the applicant did not attend court – orders made on undefended basis. |
| Federal Magistrates Court Rules 2001, r.13.03A(c) |
| Applicant: | MR MORRISON |
| Respondent: | MS TOWERS |
| File Number: | PAM 53 of 2001 |
| Judgment of: | Scarlett FM |
| Hearing date: | 8 February 2008 |
| Date of Last Submission: | 8 February 2008 |
| Delivered at: | Parramatta |
| Delivered on: | 8 February 2008 |
REPRESENTATION
| The Applicant: | No appearance by the applicant |
| The Respondent: | Appeared in person |
ORDERS
That the children N born in 1994, I born in 1996 and G born in 1997 live with the mother.
That the father shall spend time with the children as follows:
(i)The first Saturday of each month commencing at 12 noon and concluding at 6 pm Sunday the same weekend.
(ii)The third Sunday of each month commencing at 1 pm and concluding at 6 pm on the same day.
(iii)At 9 am to 8 pm Christmas Day on each even year, orders 2(i) and 2(ii) to be suspended during this time.
(iv)At 10 am to 8 pm Boxing Day on each odd year, orders 2(i) and 2(ii) to be suspended during this time.
(v)From 12 pm on 31 December to 12 pm on 1 January on odd years, orders 2(i) and 2(ii) to be suspended during this time.
(vi)For a period of three consecutive days each school holiday commencing at 9 am and concluding at 6 pm three days later, and the father is to provide the mother with one month's notice in writing of his intention to exercise that time in the school holidays for the period of time he will spend with the children.
(vii)On Father's Day each year from 10 am to 5 pm, if it does not fall on a weekend included in order 2(i).
(viii)All other special days as agreed between the mother and father two weeks prior to date.
(ix)The father is always to collect the children from the mother's residence and return the children to the mother's residence.
(b)Each parent is responsible for the day to day care, welfare and development of each child whilst they were in that parent's control, including administering the necessary medication for G such as Simbacort for her asthma, and Epipen for her allergy.
IT IS NOTED that publication of this judgment under the pseudonym Morrison & Towers is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT PARRAMATTA |
PAM 53 of 2001
| MR MORRISON |
Applicant
And
| MS TOWERS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
Application
The proceedings before me are proceedings for parenting orders.
The applicant seeks orders in respect of a group of girls from the relationship that he had with the respondent mother seeking orders that they should live with the mother but he should spend time and communicate with the children as set out in his application.
The mother, who is the respondent, has filed now an amended response in which she sets out a different set of orders which she considers are more suitable for the children's welfare than the orders that the father seeks.
The application was listed for hearing today on a final basis by my colleague, Henderson FM. Her Honour listed the matter for hearing today at 10:00 am. When the applicant and the respondent were called, the respondent attended Court. I held the matter in the list for a short time, the applicant was called at 10:12 am and did not appear. I stood the matter down in the list. I called the matter again at 10:43 am.
The respondent was present in Court. The applicant did not attend Court.
I have taken evidence from the respondent. She has received no message from the applicant indicating that he may have been delayed or hindered or prevented from attending Court by illness, injury, accident or any other emergency. The Court has not received any notification from the applicant or any person on his behalf indicating that he has somehow been hindered or prevented from attending Court. He has just not appeared.
In the circumstances, as this application has been listed for final hearing, I consider it appropriate to apply the provisions of rule 13.03A(c) of the Federal Magistrate Court Rules. I propose to dismiss the application made by the applicant. I propose to make the orders that the respondent seeks in her amended response.
To that end I have heard the evidence and read the affidavit of the respondent. I have heard the evidence and read the affidavit of the respondent's witness, her husband, Mr J. I am satisfied that the evidence of the respondent and her husband provides a proper foundation for the orders which she seeks. I am mindful of the fact that the paramount consideration must be the best interest of the children.
I note that the orders in the amended response are somewhat more restrictive than the orders that the applicant seeks for himself, or sought for himself. But the applicant has not attended Court and has provided no reason as to why I should make the more widespread orders that he seeks.
I am satisfied that it is in the best interests of the children to make the orders sought by the mother.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Scarlett FM
Associate: S.Polley
Date: 5 March 2008
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