Painter and Morley

[2007] FamCA 94

FAMILY COURT OF AUSTRALIA

PAINTER & MORLEY [2007] FamCA 94

FAMILY LAW – CHILDREN

APPLICANT: MR PAINTER

RESPONDENT: MS MORLEY

INDEPENDENT CHILDREN’S LAWYER: MR FITZGERALD

FILE NUMBER: HBF 2368 of 1999

DATE DELIVERED: 13 February 2007

PLACE DELIVERED: Launceston

JUDGMENT OF: Benjamin J

HEARING DATE: 13 February 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Ms A. Trezise

SOLICITOR FOR THE RESPONDENT: AT Legals

Orders

IT IS ORDERED BY WAY OF FINAL ORDER

1. THAT both parties be and are restrained from discussing, disclosing or in any way disseminating to any of the children the details or existence of Annexure “A” to the Affidavit of Ms G sworn 20 December 2006.

2. 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 DIRECTED

3. THAT the reasons in relation to this order be taken out and placed on the Court file.

FAMILY COURT OF AUSTRALIA AT LAUNCESTON

FILE NUMBER:

MR PAINTER

Applicant

And

MS MORLEY

Respondent

REASONS FOR JUDGMENT  

1. In relation to this matter there is a letter attached to an affidavit of Ms G, the affidavit being sworn 20 December 2006 and the letter being annexure A, which is a letter from A to her teacher, and on the face of the letter, A has a significant relationship with this teacher and it is someone with whom on the face of the letter it could be argued that she finds this teacher perhaps a relief from the conflict that exists between the parents.

2. It has been put to me earlier today that if A became aware that this private letter to her teacher was part of the proceedings in this court it would cause her great distress and it would seem to me it could cause damage to the relationship that this child has with that teacher.

3. Accordingly I will be making an order, pending further order, restraining both parties - and I note that both parties are in court in front of me - from discussing this letter, the contents of this letter, or the existence of this letter with any of their children or with any other person, apart from, in the case of the mother, her counsel.

4. I also make it clear that if either party is found to have breached this order I am going to make, I would regard that with extraordinary seriousness.  I would have it treated on the basis - I would have to find it proved beyond reasonable doubt, but if I did I would contemplate imprisoning that party because the effect of this on that child would be so great.

5. If I have not made myself clear I do not know how to make myself clearer and I am looking at both of you and I am not pointing the finger at either of you, but I just want to make it absolutely and abundantly clear that this is not the business of the children; this is the business of this court.

I certify that the preceding 5 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Benjamin

Associate:     

Date:              22 February 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as PAINTER & MORLEY