Parkin v Sykes

[2014] HCASL 95

PARKIN

v

SYKES & ANOR

[2014] HCASL 95
S133/2013

1. The applicant is the father of a 12 year old boy.  The first respondent is his mother.  There is an extensive history of litigation between the parties, which began in 2004.  On 29 March 2012, Johnston J in the Family Court of Australia made final parenting orders providing that the first respondent have sole parental responsibility of the child.  The applicant's time with the child was ordered to be supervised and limited to four occasions per year.

2. The Full Court of the Family Court (Bryant CJ, Faulks DCJ and May J) dismissed the applicant's appeal.  The Court held that Johnston J did not err in failing to determine an outstanding contravention application related to the first respondent's non-compliance with parenting orders, or in finding that the child's best interests be served by the applicant having only recognition or supervised contact with the child.  Further, the applicant failed to demonstrate that the trial judge did not properly consider or give weight to the first respondent's behaviour.  The expert evidence indicated that there was no utility in adopting orders providing the parties with a further opportunity to share parenting arrangements, and in light of this evidence, the best interests of the child could only be served by Johnston J making the kind of final orders that he did.  

3. The applicant requires an enlargement of time within which to file his application for special leave to appeal the decision of the Full Court of the Family Court.  An enlargement should be granted, but the application for special leave to appeal refused.  No question of principle falls for determination and an appeal to this Court would have insufficient prospects of success.

4. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
13 May 2014 S.J. Gageler