FAMILY COURT OF AUSTRALIA
Padley & Padley [2021] FamCA 604
File number(s): SYC 1219 of 2015 Judgment of: HARPER J Date of judgment: 17 August 2021 Catchwords: FAMILY LAW – PARENTING – Undefended hearing – Sole parental responsibility – In circumstances where the father is mentally unwell – In circumstances where the father has filed a notice of discontinuance – Orders made for the mother to have sole parental responsibility of the parties’ child – Orders made for the child to live with the mother and spend time with the father only if the child indicates that she would like. Legislation: Family Law Act 1954 (Cth) ss 60CA, 60CC, 61C, 61DA, 65D, 65DAB, 68B
Mental Health Act 2007 (NSW
Cases cited: Banks & Banks (2015) FLC 93-637
Cox & Pedrana (2013) FLC 93-537
Dundas & Blake [2013] FamCAFC 133
Goode & Goode (2006) FLC 93-286
Jollie & Dysart [2014] FamCAFC 149
Padley & Padley [2020] FamCA 717
Tibb & Sheean (2018) 58 Fam LR 351
Number of paragraphs: 51 Date of hearing: 29 July 2021 Place: Sydney Solicitor for the Applicant: Mr Padley Counsel for the Respondent: Mr Jackson Solicitor for the Respondent: Eleanor Murphy & Company Solicitors Solicitor for the Independent Children's Lawyer: Adams & Partners Lawyers ORDERS
SYC 1219 of 2015 BETWEEN: MR PADLEY
Applicant
AND: MS PADLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HARPER J
DATE OF ORDER:
17 AUGUST 2021
THE COURT ORDERS THAT:
1.The Respondent Mother have Sole Parental Responsibility for the child X born … 2013.
2.X live with the Mother.
3.Pursuant to s 68B of the Family Law Act 1954 (Cth) (“the Act”), the Applicant Father be restrained from attending on X’s school, or home or the Mother’s workplace.
4.Pursuant to s 65Y of the Act, the Mother is permitted to travel overseas with X.
Upon indication being given by X that she wishes to have some limited contact with the Father and/or any of his family members:
(a)the Mother will facilitate the delivery of any cards and gifts forwarded to the mothers home, by post, for X ;
(b)the Mother will facilitate such time as she determines is safe and appropriate for X at that time.
5.The Mother be permitted to apply to the Registrar of Births, Deaths and Marriages for the State of New South Wales that the Child registered as X Padley born … 2021 now be registered as X Padley Stant.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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CaseChat Overview and Summary
The court was required to determine the appropriate parenting arrangements for X, specifically regarding parental responsibility, the child's residence, and contact with the father. The court also needed to consider orders to protect the child and the mother, and to address the father's mental health circumstances.
Harper J made orders for the mother to have sole parental responsibility for X, and for X to live with the mother. The father was restrained from attending X's school, home, or the mother's workplace. Contact between X and the father was to occur only if X indicated a desire for it, and in such circumstances, the mother was to facilitate limited contact as she determined to be safe and appropriate. The mother was also permitted to travel overseas with X and to change X's registered surname.
Orders
Orders of the court
SYC 1219 of 2015
BETWEEN:
MR PADLEY
Applicant
AND:
MS PADLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
HARPER J
DATE OF ORDER:
17 AUGUST 2021
THE COURT ORDERS THAT:
1. The Respondent Mother have Sole Parental Responsibility for the child X born … 2013.
2. X live with the Mother.
3. Pursuant to s 68B of the Family Law Act 1954 (Cth) (“the Act”), the Applicant Father be restrained from attending on X’s school, or home or the Mother’s workplace.
4. Pursuant to s 65Y of the Act, the Mother is permitted to travel overseas with X.
Upon indication being given by X that she wishes to have some limited contact with the Father and/or any of his family members:
(a) the Mother will facilitate the delivery of any cards and gifts forwarded to the mothers home, by post, for X ;
(b) the Mother will facilitate such time as she determines is safe and appropriate for X at that time.
5. The Mother be permitted to apply to the Registrar of Births, Deaths and Marriages for the State of New South Wales that the Child registered as X Padley born … 2021 now be registered as X Padley Stant.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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