Paulen and Brider

[2010] FamCA 808

FAMILY COURT OF AUSTRALIA

PAULEN & BRIDER [2010] FamCA 808

FAMILY LAW – CHILDREN – Interim orders – Where the trial has been heard – Where the father has not spent time with the children as per Orders – Proceedings to be re-opened for further evidence

APPLICANT: Mr Paulen

RESPONDENT: Ms Brider

FILE NUMBER: BRC 979 of 2008

DATE DELIVERED: 26 August 2010

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry

HEARING DATE: 26 August 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Summers of Counsel appearing for the Applicant Father

SOLICITORS FOR THE APPLICANT: Power & Cartwright

COUNSEL FOR THE RESPONDENT: Mr Pieterse of Counsel appearing for the Respondent Mother

SOLICITORS FOR THE RESPONDENT: Madsen Law

SOLICITORS FOR THE INDEPENDENT

CHILDREN’S LAWYER:

Mr Carter, Solicitor of Carter Farquar Lawyers

Orders

IT IS ORDERED UNTIL FURTHER ORDER THAT:

1. Commencing 28 August 2010, the Father spend time each week with the children, R born … November 2006 and A born … July 2004, from Saturday 9.00 am until Sunday 5.00 pm with the changeovers to occur at W Centre.

IT IS FURTHER ORDERED THAT:

1. The proceedings be re-opened for further evidence.

2. The proceedings be listed for a further trial for two (2) days commencing
   7 February 2011 at the Brisbane Registry of the Family Court.

3. Pursuant to s 62B and s 65DA(2), 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 to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 979 of 2008

MR PAULEN

Applicant

and

MS BRIDER

Respondent

REASONS FOR JUDGMENT

1. I will give brief reasons for my decision.  I have read the material of the father. At the trial of this matter on 24 May to 26 May 2010, the father sought orders that the children, A, born in July 2005 and R, born in November 2006, reside with him.  He proposed that he would comply with orders that the mother spend time with the children. The mother produced draft orders, as I understood, and she proposed unsupervised graduated increase in the period

   
   

   of time. 

2. Unfortunately, because of pressure of work, I have not had the opportunity to deliver the judgment in this matter. But once this application was foreshadowed – I considered it was inappropriate to suddenly endeavour to rush out reasons for judgment when relevant evidence as to the parties’ ability to comply with assurances given to the Court was a relevant factor.  It’s a primary consideration to make a finding as to whether one party has the ability to promote the other parent in the eyes of the children.

3. It seems to me that, on both counts, if the father’s version of events be correct, the mother has been found wanting.  The mother has her explanations but for today’s hearing I have to proceed on the basis that the father’s version of events may be correct.  I do propose to make an order that the evidence be re-opened.

4. I was thinking exactly along the lines as addressed by Mr Carter, that the time for graduated contact is past. 

5. I do not propose to order an updated family report.  If the mother is not legally represented, it is a matter that she has to face.  It is a consequence, in my view, of her conduct to date. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry delivered on 26 August 2010.

Associate: 

Date:  26 August 2010