FAMILY COURT OF AUSTRALIA
| PEDRANA & COX (NO. 2) | [2012] FamCA 756 |
MOTHER’S APPLICATION IN A CASE (STAY APPLICATION)
FILED 31 AUGUST 2012
| FAMILY LAW – CHILDREN – Where final parenting orders made that the child live with the Father – Application for a stay – Application dismissed | ||
| APPLICANT: | Mr P Pedrana | |
| RESPONDENT: | Ms Cox |
| INDEPENDENT CHILDREN’S LAWYER: | Leisa Toomey, Solicitor |
| FILE NUMBER: | BRC | 7647 | of | 2007 |
| DATE DELIVERED: | 5 September 2012 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Bell J |
| HEARING DATE: | 3 September 2012 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Carmody |
| SOLICITOR FOR THE APPLICANT: | Everingham Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Jordan |
| SOLICITOR FOR THE RESPONDENT: | DA Family Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Farr |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Schultz Toomey O’Brien Lawyers |
Orders
IT IS ORDERED THAT:
The Mother’s Application in a Case filed 31 August 2012 for a stay of the Orders of this Honourable Court made 30 August 2012, pending determination of an appeal, be dismissed.
IT IS FURTHER ORDERED THAT:
The execution of Order (1) of the Order of this Honourable Court made
3 September 2012, be extended until 12 noon on 6 September 2012, to enable the Independent Children’s Lawyer to explain to the child, C PEDRANA-COX born … May 2005, the Orders of this Honourable Court made on 30 August 2012.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Pedrana & Cox (No. 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: BRC7647/2007
| Mr P Pedrana |
Applicant
And
| Ms Cox |
Respondent
REASONS FOR JUDGMENT
The Mother’s application is an application for stay of the Orders made by the Honourable Justice Bell on 30 August 2012.
C Pedrana-Cox (“the child”) born in May 2005 has lived with the Mother since separation in 2006. The Father has for the most part, spent only supervised time with the child since this time due to numerous concerns the Mother has had about the safety of the child in the Father’s care (see the reasons for judgment of the Honourable Justice Bell dated 30 August 2012 for the history of the matter).
The parties were involved in contested proceedings before Justice Bell on 25 July 2011 to 28 July 2011, 28 November 2011 to 30 November 2011 and 4 June 2012 to 7 June 2012.
The Orders made on 30 August 2012 provide that the child live with the Father. The Orders further provide that the Mother is to not have face to face contact with the child for a period of two months, and thereafter the Mother is to spend supervised time with the child each alternate Saturday and Sunday from
10.00 am until 4.00 pm each day for three months, followed by unsupervised time with the child each alternate weekend between the hours of 9.00 am Saturday until 5.00 pm on Sunday.
On 30 August 2012, the Mother…
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- Case
- [2012] FamCA 756
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the Mother had established sufficient grounds to warrant a stay of the earlier orders. A secondary issue concerned the appropriate timeframe for the execution of the 3 September 2012 order, particularly in light of the need for the Independent Children’s Lawyer to explain the 30 August 2012 orders to the child, C.
Bell J dismissed the Mother's application for a stay of the 30 August 2012 orders. The Court also ordered that the execution of the 3 September 2012 order be extended until 12 noon on 6 September 2012. This extension was specifically granted to allow the Independent Children’s Lawyer to explain the 30 August 2012 orders to the child, C.
Orders
Orders of the court
IT IS ORDERED THAT:
1.
The Mother’s Application in a Case filed 31 August 2012 for a stay of the Orders of this Honourable Court made 30 August 2012, pending determination of an appeal, be dismissed.
IT IS FURTHER ORDERED THAT:
2.
The execution of Order (1) of the Order of this Honourable Court made
3 September 2012, be extended until 12 noon on 6 September 2012, to enable the Independent Children’s Lawyer to explain to the child, C PEDRANA-COX born … May 2005, the Orders of this Honourable Court made on 30 August 2012.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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