Nelson and Nelson

[2011] FamCA 760

FAMILY COURT OF AUSTRALIA

NELSON & NELSON [2011] FamCA 760

FAMILY LAW – CHILDREN – With whom a child spends time - orders

APPLICANT: Mr Nelson

RESPONDENT: Ms Nelson

INDEPENDENT CHILDREN’S LAWYER: David Stagg Tonkin

FILE NUMBER: MLC 5516 of 2009

DATE DELIVERED: 9 August 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Dessau J

HEARING DATE: 9 August 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Howe

SOLICITOR FOR THE APPLICANT: Peter Lynch

COUNSEL FOR THE RESPONDENT: Ms Glaister

SOLICITOR FOR THE RESPONDENT: Bowlen Dunstan & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Marchetti

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: David Stagg Tonkin

Orders

1. So I am going to make orders in accordance with the minutes dated today’s date.  They are final consent orders.

2. I will direct they remain on the Court file.

3. The solicitor for the applicant husband will prepare the orders within seven days.

4. Now, on that basis, the ICL and counsellor are excused.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5516 of 2009

Mr Nelson

Applicant

And

Ms Nelson

Respondent

REASONS FOR JUDGMENT

1. First, can I just say that the good work that you have done should not be eclipsed by the fact that I have to make a decision on this very small point.  And it is not a point about which I am overly troubled.  I will do the best that I can from the children’s points of view, but it is, I emphasise, really a very small point.  I would ask you to stand back for a moment and just realise how very small it is because you could probably end up counting how many days you are actually talking about on one hand – it might just slip into the second hand, but not by much.  It is between time with the father each Monday, or each alternate Monday, for the limited period while the regime is building up.

2. The important thing is that there is a regime in place that is going to see these children beginning to spend incrementally more and more time with their father on a basis that will properly build.

3. I am persuaded by the ICLs submissions as to just leaving the time at the moment on the alternate Mondays, because that is going to lead into a regime that is going to be alternate Mondays.  And I am particularly attracted to the idea, in these early days, of you two not having to have more contact than necessary.

4. Hopefully, everything will get better and better between you but, realistically, it will not suddenly be easy.  So for the children I will just make it a little bit easier by having one less area for any anxiety between the two of you that will then rub off on them.  So I am going to leave it as alternate Mondays.

RECORDED:  NOT TRANSCRIBED

ORDER DELIVERED

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dessau delivered on 9 August 2011.

Associate: 

Date:  9 August 2011