Peddar and Vina

[2008] FamCA 892

FAMILY COURT OF AUSTRALIA

PEDDAR & VINA [2008] FamCA 892

FAMILY LAW – CHILDREN – Process and procedure

APPLICANT: Mr Peddar

RESPONDENT: Ms Vina

INTERVENOR: State Central Authority

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 8853 of 2007

DATE DELIVERED: 22 August 2008

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 22 August 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: No Appearance

SOLICITOR FOR THE RESPONDENT:

COUNSEL FOR THE INTERVENOR: Ms R. Stoikovska

SOLICITOR FOR THE INTERVENOR: Victorian Government Solicitor

INDEPENDENT CHILDREN’S LAWYER COUNSEL:

INDEPENDENT CHILDREN’S LAWYER SOLICITOR:

Orders

1. The father have leave to amend his application initiating proceedings within seven (7) days by filing and serving a minute of the orders (as amended) which he seeks be made on a final and on an interim basis, and doing so by filing that minute with a heading that makes clear that it is pursuant to this paragraph of this Order.

2. I adjourn for further consideration the father's application to 4.30 pm on Monday 1 September 2008 noting that I will also consider any application for the mother to spend time with the children F born … April, 1997 and E born … April, 1999 in Melbourne.

3. I request that the State Central Authority advise the court and the father as soon as practicable upon a decision being made as to its participation in these further parenting proceedings.

4. My reasons for decision today be transcribed urgently and a copy of reasons be made available to the State Central Authority, the Manager of Child Dispute Services and the parties.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8853 of 2007

MR PEDDAR

Applicant

And

MS VINA

Respondent

REASONS FOR JUDGMENT

(ex tempore)

1. An application initiating proceedings was filed by the father on 28 July 2008 in which he seeks interim orders which, if made, would prevent the children F, born in April 1997, and E, born in April 1999 spending time with the mother, Ms Vina, in Sweden over the forthcoming September/October school holidays.  The order which the father now seeks to vary or stay was made by me on 30 June 2008 after contested proceedings between the State Central Authority and the father brought about by the mother’s request in relation to rights of access under the 1980 Hague Convention.[1]

   [1] Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

2. The father's application initiating proceedings seeks final orders to the effect that the children be protected "from any ongoing steps from the wife to any further exposure to allegations of sexual abuse, and access takes place between the children and the wife which protects the children from any such harm or aspects of it".  As interim orders, apart from a stay of the spend time…