Ramsay & Peters & Ors 38

[2007] FamCA 38

FAMILY COURT OF AUSTRALIA

RAMSAY & PETERS & ANOR [2007] FamCA 38

FAMILY LAW - CHILDREN - Best interests

APPLICANT: MS RAMSAY

RESPONDENT: MR PETERS

RESPONDENTS: THE PATERNAL GRANDPARENTS

FILE NUMBER: NCF 612 of 2006

DATE DELIVERED: 22 January 2007

PLACE DELIVERED: Newcastle

JUDGMENT OF: MULLANE J

HEARING DATE: 22 January 2007

REPRESENTATION

THE APPLICANT: The mother in person

THE RESPONDENT: The father in person

THE INTERVENORS: The paternal grandparents

Orders

1. By consent orders are made in terms of paragraphs 1 to 15 of the document titled "Terms of Settlement", dated 4 December 2006, filed herein and as set out hereunder:

“1That the child [J] born in February 2005 (“the child”) live with the paternal grandfather [Mr M] and the paternal step-grandmother [Mrs M] (“the grandparents”).

2That the grandparents have the sole parental responsibility for the child.

3That the child spend time with the mother as follows:

a)the first full weekend of each calendar month from 9am Saturday to 5pm Monday;

b)on the child’s birthday from 9am to 12 noon in even numbered years and from 12 noon to 3pm in odd numbered years;

c)if Mother’s Day does not fall on a weekend pursuant to Order 3(a), then on Mother’s Day from 8am to 1pm;

d)if Christmas Day does not fall on a weekend pursuant to Order 3(a), then on Christmas Day from 9am to 1pm in even numbered years and from 1pm to 5pm in odd numbered years;

e)as may be otherwise agreed between the mother and the grandparents from time to time.

4That the child spend time with the father as follows:

a)the third full weekend of each calendar month from 9am on Saturday to 5pm Monday;

b)on the child’s birthday from 12 noon to 3pm in even numbered years and from 9am to 12 noon in odd numbered years;

c)if Father’s Day does not fall on a weekend pursuant to Order 4(a), then on Father’s Day from 9am to 1pm;

d)as may be otherwise agreed between the father and the grandparents from time to time.

5That until the child commences school, when the child is spending time with the mother pursuant to order 3(a), the mother and the child will sleep overnight at the grandparents’ residence at [R].

6That until the child commences school, when the child is spending time with the father pursuant to Order 4(a), the father and the child will sleep overnight at the grandparents’ residence at [R].

7That for the purpose of the child spending time with the mother pursuant to order 3, the mother will collect the child from, and return the child to the grandparents’ residence at [R].

8That for the purpose of the child spending time with the father pursuant to order 4, the father will collect the child from, and return the child to the grandparents’ residence at [R].

9That the child have telephone communication with the parents, or either of them, to telephone the grandparents’ telephone (landline or mobile) at reasonable times and the grandparents to make the child available to speak with that parent.  

10That the grandparents keep the parents informed of the child’s educational and health needs and progress.

11That nothing in Order 10 prevents the parents from communicating directly with the child’s teachers and medical practitioners.

12That the grandparents immediately notify the parents of any medical emergency involving the child.

13That the parties inform the other parties in writing of any intended change in their address at least 21 days prior to such change.

14That the grandparents are authorised to apply to the NSW Registry of Births, Deaths and Marriages to change the child’s name to their surname.

15That the parties have liberty to apply to the Court for further Orders in relation to the time the child spends with the parents during school holidays.”

1. Otherwise the application filed on 7 November 2006 is withdrawn and dismissed.

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCF 612 of 2006

MS RAMSAY

Applicant

And

MR PETERS

Respondent
And

THE PATERNAL GRANDPARENTS

Respondents

REASONS FOR JUDGMENT

INTRODUCTION

1. These are proceedings concerning that care, welfare and development of a child J who was born in February 2005 and is nearly 2 years of age.

2. The parties comprise the parents of J and also the paternal grandfather and his wife, Mrs M.

EVIDENCE

1. The documents that I have read comprise the application which was filed on 7 November 2006, the affidavit of the paternal grandfather’s wife of 18 December 2006, the Notice of Address for Service for the paternal grandfather, Notice of Address for Service of the mother and then a letter signed by the father and a letter signed by the mother. 

NON APPEARANCE OF PARENTS

1. The matter was listed at 10 am this morning and it is now 11 am and there is no appearance by the father or the mother and indeed the letters that I have referred to indicate that neither of them are available today to attend Court, but consent to orders being made in accordance with the Terms of Settlement that are signed by each of the parties.

2. The Court record shows that the grandfather and his wife attended counselling with a family consultant on 18 December 2006 and by that time, there had been agreement reached with the parents and there were letters made available advising of their inability to attend the counselling session.

CONCLUSIONS

1. I accept the evidence before me and I am satisfied on the evidence contained mainly in the affidavit of the paternal grandfather’s wife, but also in the Terms of Settlement and in the letters that the orders proposed are in the best interests of the child.

I certify that the preceding six (6) paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Mullane

Associate: 

Date:  6 February 2007

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as Ramsay & Peters & Anor