Oates and Hamilton

[2010] FamCA 248

FAMILY COURT OF AUSTRALIA

OATES & HAMILTON [2010] FamCA 248

FAMILY LAW – CHILDREN – consent orders – minor issues to be determined – orders made with slight variation

Family Law Act 1975 (Cth)

APPLICANT: Ms Oates

RESPONDENT: Mr Hamilton

INDEPENDENT CHILDREN’S LAWYER: Alderman Redman

FILE NUMBER: ADC 3758 of 2009

DATE DELIVERED: 1 MARCH 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

EX TEMPORE REASONS OF: BURR J

HEARING DATE: 1 MARCH 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT:	MS RIENIETS
SOLICITOR FOR THE APPLICANT:	DENISE RIENIETS & ASSOCIATES

COUNSEL FOR THE RESPONDENT:	MR MORGAN
SOLICITOR FOR THE RESPONDENT:	MORGAN WARD

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:	MS REDMAN
SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:	ALDERMAN REDMAN

Orders

1. By consent, in terms of the Minutes this day tendered to the Court noting the variation that wherever the handover time of 5.00 pm appears it is to be changed to 5.20 pm.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 3758  of 2009

MS OATES

Applicant

And

MR HAMILTON

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. In this matter, after the exploration of a number of complex issues over a period of some months, the parties, assisted by a Family Report prepared in this Registry dated 29 January 2010, have now been able to reach agreement on all issues impacting upon their children W born in June 2005 and O born in June 2008, save and except with respect to two relatively small and quite discrete areas.  They have asked me to make a final determination on those issues on the papers and on the basis of submissions made by them today.  They do not require the setting of a hearing in order for evidence to be given and taken on those topics. The two areas are both in relation to handover.

2. One is as to the conclusion time for the period currently nominated in the Orders to be 5.00 pm on the Thursday and the Wednesday.  The father’s employment would potentially render him late for a 5.00 pm handover time.  I accept that with issues of traffic at that time of the day it may well be that he is, on a regular basis, late for the handover.  I do not see it as being in the children’s best interests that they be required to wait any longer than they need to for the handover to be effected between their parents.  In my view, it is appropriate to allow an hour for the father’s travel. I am informed that the father’s employment concludes at 4.20 pm.  I therefore vary the Orders handed up to me today to the effect that wherever they refer to a 5.00 pm handover, that time be changed to 5.20 pm.

3. The other issue raised by the father is as to his concerns that, given the history of the parties, there is some potential for disruption at the handovers if they occur anywhere other than at the Adelaide Police Station.  As it is, handovers are agreed to occur at the Police Station until such time as W commences school.  Thereafter the proposal contained in the Minutes tendered today is that handovers take place at the school.  I note, given W birthdate is … June 2005, that we are not talking a long period of time until the school arrangement as drafted is to commence.

4. In my view, a police station is not the ideal venue for handovers to be conducted.  They certainly serve other purposes in instances where there are issues of alleged violence, abuse, intimidation or high levels of conflict.  However, I am encouraged by the agreement the parties have been able to reach and trust that the police station venue for handovers is not needed for those reasons mentioned.  As I indicated during submissions from Mr Morgan, it is not my view that children ought to be exposed to police station premises for the purposes of handover.  The children have committed no crime and have no need to be in the precincts of a police station in circumstances other than for their own safety and protection.  That is not the case here and it is not alleged by the parties that that is the case here.

5. Accordingly, it is my view that the handover arrangements from the school once W has commenced school as drafted in the Minutes of Order tendered today is the appropriate arrangement.

6. I otherwise make Orders in terms of the Minutes this day signed by me noting the variation that wherever the handover time of 5.00 pm appears it is to be changed to 5.20 pm.

I certify that the preceding six (6) paragraphs are a true copy of the Ex tempore reasons for judgment of the Honourable Justice Burr.

Associate: 

Date: