PURDY & HOTHAM

[2015] FCCA 1239

FEDERAL CIRCUIT COURT OF AUSTRALIA

PURDY & HOTHAM [2015] FCCA 1239

Catchwords:
FAMILY LAW – Children – Parenting Orders – Interim Orders – transfer to Albury Registry.

Legislation:
Family Law Act 1975 (Cth), ss.11C, 11F, 60CA

Federal Circuit Court Rules 2001, r.8.01

Applicant: MR PURDY

Respondent: MS HOTHAM

File Number: SYC 2880 of 2015

Judgment of: Judge Scarlett

Hearing date: 11 May 2015

Date of Last Submission: 11 May 2015

Delivered at: Sydney

Delivered on: 11 May 2015

REPRESENTATION

Solicitor for the Applicant: Mr McClure

Solicitors for the Applicant: McClure Law

Solicitor for the Respondent: Mr Roles (on a duty basis)

Solicitors for the Respondent: Legal Aid NSW

ORDERS

UNTIL FURTHER ORDER

1. The child of the relationship, X, born (omitted) 2004, is to live with the Father at all other times when he is not living with his mother.

2. The said child shall live with the Mother as follows:

   2.1Each weekend from 5:30pm Friday to before school the following Monday during New South Wales school terms.

3. The parties agree that to assist the said child in moving between the households and promote his contact with half-sibling, A, aged 19, will reside at the Mother’s residence on Friday, Saturday and Sunday nights for the first four weeks.

4. The Mother agrees to provide credit for the said child’s mobile telephone at the commencement of each month to allow the child to have communication at all reasonable times between the parties.

5. Both parties are restrained from preventing the child from communicating with the other party.

6. Without admission, the Mother agrees to continue to attend her medical appointments and accept all treatment as recommended by her medical practitioners.

7. The Mother shall not drive a motor vehicle with the child in the car.

8. The Father shall do all things necessary, including sign all documents, to allow the school to communicate with the Mother and to allow the school, meaning the child’s school, to provide to the Mother copies of all documents given to parents.

9. The Father shall provide a copy of these orders to the school within seven days.

10. Each party shall ensure that the said child attends all sporting activities which the child is enrolled in whilst the child is in that party’s care.

11. Without admission, the Mother shall sign all documents necessary to allow her treating psychiatrist, Dr J, to provide correspondence to the Father’s solicitors at any time if he forms the view that the Mother’s medical conditions affects her parenting to the extent that it places the said child at risk of abuse.

12. In accordance with section 11F of the Family Law Act 1975, the parties are to attend a child inclusive child dispute conference with a Family Consultant at the Albury Registry of the Court and I accordance with section 11C of the Family Law Act 1975 the conference is to be reportable AND THE COURT NOTES that an appointment is available for the parties to attend a child inclusive conference on 23 June 2015.

13. The Respondent is to file and serve a Response and an affidavit stating the facts upon which she seeks to rely within 21 days.

14. The Application is adjourned to the 24 July 2015 at 9:30 am for directions with a view to an interim hearing at the Albury Registry of the Court.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYC 2880 of 2015

MR PURDY

Applicant

And

MS HOTHAM

Respondent

REASONS FOR JUDGMENT

1. Over the course of the day, the parties have had some discussions with the assistance of their solicitors, Mr McClure and Mr Roles of Legal Aid New South Wales.  They have agreed on some interim orders, being orders until further order.  They have mentioned to the Court that they would seek a child inclusive conference with a family consultant.

2. Mr McClure has informed the Court that an appointment would be available on 23 June this year in (omitted).  As these parties are from the (omitted) area, it is clearly in their best interests for the conference to take place in (omitted), just as the interim hearing that they propose should take place at the (omitted) sittings of this court, which I believe is to be presided over by his Honour Judge Harman. 

3. The parties have signed a document setting out the orders to which they agree, and I propose to read that onto the record.  There are a couple of slight amendments that I have already discussed with the parties.

4. I propose further to order that, in accordance with the provisions of section 11F of the Family Law Act 1975 (Cth), the parties are to attend a child inclusive child dispute conference with a family consultant of the Albury registry of the Court and, in accordance with the requirements of section 11C of the Act, that conference is to be reportable. The Court notes that an appointment is available for the parties to attend a child inclusive conference on 23 June 2015.

5. I further order that the Respondent is to file and serve a Response and an affidavit stating the facts upon which she seeks to rely within 21 days from the date of these orders.  I note that the parties seek that the issues between them be aired at an interim hearing to take place at the Albury sittings of the Court, and that should ideally take place after the parties have attended a child inclusive child dispute conference.  And the memorandum from the family consultant can be made available to the solicitors for both parties.

6. The application will be adjourned to 24 July 2015 at 9.30 am for directions with a view to an interim hearing on parenting issues to take place during the next sittings of the court at Albury.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Judge Scarlett

Associate: 

Date:  13 May 2015