Pullman and Pullman

FAMILY COURT OF AUSTRALIA

PULLMAN & PULLMAN [2017] FamCA 1057

FAMILY LAW – CHILDREN – With whom a child lives – Interim  – Where previous consent orders in place for child to live with mother and spend alternate weekend time with father – Where child has remained in father’s care since November 2017 – Where father seeks suspension of consent orders – Where father seeks sole parental responsibility and for child to live with him and spend only supervised time with mother – Where mother seeks a return of the child and for a continuation of previous consent orders – Where mother advised court she intended to move to Sydney – Where mother did not seek an interim relocation order with child – Where mother’s imminent move to Sydney renders her orders sought impossible – Where mother opposed any supervised time with child – Where child’s mental health at risk if she was to return to the mother – Where it is in the best interests for the child to live with father – Where father to have sole parental responsibility in the interim – Where child to have communication with mother – Appointment of an Independent Children’s Lawyer – Family report and psychiatric assessment to be prepared.        

Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 61DA, 65DAA, 65DAC

Banks & Banks [2015] FamCAFC 36
Mauldera & Orbel (2014) FLC 93-602
Wacando v The Commonwealth (1981) 148 CLR 1
S v Australian Crime Commission (2005) 144 FCR 431
Goode & Goode (2006) FLC 93-286
Salah & Salah [2016] FamCAFC 100

APPLICANT: Mr Pullman

RESPONDENT: Ms Pullman

FILE NUMBER: CSC 391 of 2012

DATE DELIVERED: 15 December 2017

PLACE DELIVERED: Cairns

PLACE HEARD: Cairns

JUDGMENT OF: Tree J

HEARING DATE: 5 December 2017

REPRESENTATION

SOLICITORS FOR THE APPLICANT: Millyard Family Lawyers

THE RESPONDENT: In person

Orders

1. Paragraphs 1, 2, 4, 5, 6, 6(b), 7, 8, 9 and 10 of the Orders of 28 August 2013 be stayed.

2. That B born … 2004 (“the child”), live with the father and he have sole parental responsibility for her.

3. That the mother be permitted to communicate with the child each Sunday and Wednesday by Skype or telephone between 6:00pm and 6:30pm, with the father being permitted to supervise such calls, and terminate a call if he believes that it has become inappropriate.

4. The mother be prohibited from removing the child from the father’s care or any school, counsellor or other organisation attend by the child from time to time.

5. That the child continue attending “C Group” for as long as is recommended by that organisation.

6. That the father arrange for the child to attend upon a child psychiatrist for the purpose of assessing her mental health and receiving such treatment as is recommended by that psychiatrist.

7. That the father advise the mother and keep the mother advised of the child’s treating health professionals.

8. That the mother be restrained from contacting the staff of “C Group,” D School or any other counsellor treating…