Patricks and Simpkin

[2010] FamCA 584

FAMILY COURT OF AUSTRALIA

PATRICKS & SIMPKIN [2010] FamCA 584

FAMILY LAW – CHILDREN – preparation of a family report
FAMILY LAW – PRACTICE AND PROCEDURE – injunction restraining the father from approaching or contacting the mother and the child’s school – orders in relation to father contacting mother’s legal representatives

Family Law Act 1975 (Cth)

APPLICANT: Mr Patricks

RESPONDENT: Ms Simpkin

INDEPENDENT CHILDREN’S LAWYER: Legal Aid NSW

FILE NUMBER: NCC 3620 of 2007

DATE DELIVERED: 9 July 2010

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: The Hon. Justice Cleary

HEARING DATE:

REPRESENTATION

APPLICANT: In person

SOLICITOR FOR THE RESPONDENT: Brian Quinn & Associates

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Ms K O’Rourke
(Legal Aid NSW)

Orders

1. That a family report be prepared in these proceedings to address the following issues:

   (a)The maturity and level of understanding of … (“the child”) born … March 2004.

   (b)The knowledge and understanding that the child has of his father.

   (c)Any views that the child has about spending time with his father.

   (d)Any other matters that the family consultant considers relevant.

2. That the family consultant not be provided with any documentation by the parties or the independent children’s lawyer unless specifically ordered by the Court.

3. That the mother arrange for the child to be brought to any appointment arranged and conducted by the family consultant as requested.

4. That the father shall file and serve any amended application within six (6) weeks of the date of these Orders.

5. That the father shall file and serve any further affidavits on which he relies including affidavits of relevant treating practitioners within eight (8) weeks of the date of these Orders.

6. That the mother shall file and serve any further affidavit material on which she relies within eight (8) weeks of the date of these Orders.

7. That leave is granted to each of the parties to issue such further subpoena or subpoenas as the consider necessary in these proceedings.

8. That the trial date for these proceedings is listed before Justice Cleary for a period of two (2) days commencing at 10.00am on 11 November 2010.

9. That the following orders are made pursuant to s. 68B of the Family Law Act 1975 (Cth):

   (a)Until further order the father is restrained from approaching or contacting the mother by any means whatsoever except through the mother’s legal representative or as might be permitted by an order of this Court AND FURTHER THAT the father is restrained from contacting the mother’s legal representative and the independent children’s lawyer unless it is for the purpose of serving documents or otherwise discussing relevant matters pertaining to the child in these proceedings.

   (b)The father is restrained from approaching the mother’s home address or any premises where she may from time to time reside.

   (c)The father is restrained from attending the school which the child currently attends.

   (d)The father is restrained from sending or distributing material relating to these proceedings to any party other than the mother and the independent children’s lawyer.

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

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER:  NCC3620 of 2007

MR PATRICKS

Applicant

And

MS SIMPKIN

Respondent

REASONS FOR JUDGMENT

1. In relation to the father’s Application for Final Orders filed 21 December 2009 and the Response of the mother filed 8 March 2010 those proceedings are before this Court today.

2. All parties, including the independent children’s lawyer, were present at 11.15am.

3. At 11.20am the father was provided with a copy of an Application in the Case filed on 24 June 2010 on behalf of the mother, together with an affidavit also filed on that date sworn by the mother.

4. The father indicated from the Bar Table that in the event I looked at the mother’s application and affidavit he would be leaving the court room.

5. I asked the father to remain while I looked at the application and he did not.

6. The father proceeded to leave the court room.

7. The father is the applicant in these proceedings, nevertheless it is proper for a conclusion to be reached about the child and whether or not there should be any contact between the child and his father.

8. Accordingly, I propose to make orders and directions in respect of the Application for Final Orders filed 21 December 2009 and will consider the Application in a Case filed 8 March 2010 as a separate matter.

9. I make the following remarks in respect of the Application in a Case filed 24 June 2010 (“the application”).

10. There is an application filed in the Newcastle Registry on 24 June 2010 which is before the Court this morning and supported by the affidavit of the mother also filed on that date.

11. The father is not present in Court and for that reason I will make interim orders in respect of the application with provision for the father to file and serve any material on which he relies by way of response and affidavit material within 28 days and upon receipt by this Registry of any such documentation the matter will be listed before a Registrar for directions.

12. In the event that the father files and serves a response and affidavit material and the matter is listed then the application will be heard as soon as reasonably possible after the filing of the material.

I certify that the preceding twelve (12) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cleary

Associate: 

Date:  12 July 2010