RAND & PORTER

[2009] FamCA 1058

FAMILY COURT OF AUSTRALIA

RAND & PORTER [2009] FamCA 1058

FAMILY LAW – CHILDREN – Parenting orders – Parental responsibility – Mother to have sole parental responsibility for the child

FAMILY LAW – CHILDREN – Parenting orders – with whom a child shall spend time – Child to spend supervised time with the father at a contact centre

FAMILY LAW – CHILDREN – Parenting orders – with whom a child shall communicate – Child to initiate communication with the father by phone – Father can communicate with the child by letter

FAMILY LAW – Restraining orders

Family Law Act 1975 (Cth)

APPLICANT:

Ms Rand

RESPONDENT: Mr Porter

INDEPENDENT CHILDREN’S LAWYER: Ms Dart, Legal Aid Office

FILE NUMBER: BRC 10726 of 2008

DATE DELIVERED: 23 October 2009

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Barry J

HEARING DATE: 23 October 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Mr Parker, Solicitor of Parker Family Law appeared for the Applicant Mother

SOLICITOR FOR THE RESPONDENT: The Respondent Father appeared in person

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Ms Dart, Solicitor of Legal Aid Office appeared as the Independent Children’s Lawyer

Orders

IT IS ORDERED BY DEFAULT THAT:

1. The child, … born … November 2000, live with the Mother.

2. The Mother have sole parental responsibility for decisions relating to the child.

3. All visits by the Father be supervised by the E Contact Centre, as may be facilitated by the Centre at all such times as may be agreed.

4. All telephone communication between the Father and the child be initiated by the child using the child’s pre-paid mobile telephone, with such calls to be subject to the Father’s compliance with all restraining orders, with calls being terminated in the event that the Child becomes upset.

5. The Father be restrained as follows:

   a.        from stalking the Mother and her associates;

   b.        from any direct communication with the Mother and her associates;

   c.from approaching or going within 150 metres of the Mother or her work at R Street, E;

   d.from removing the child from the State of Queensland without the Mother’s written consent;

   e.        from attempting to re-enrol the child in any other school;

   f.         from discussing court proceedings or adult matters with the child;

   g.        from questioning the child about the Mother’s living arrangements;

   h.from denigrating the Mother or members of the Mother’s extended family to or in the presence of the child;

   i.from requesting to speak with the Mother during any telephone calls with the child.

6. The Mother, for a period of twelve (12) months acquire a post office box address and notify the Father of such post office box address.  In the event the Father has not corresponded with the child on a regular basis during that period the Mother may terminate the post office box facility.

7. All other applications be dismissed.

8. The Independent Children’s lawyer be discharged.

9. Pursuant to s 62B and s 65DA(2), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders, and details of who can assist parties to adjust to and comply with an order, are set out in the document entitled “Parenting orders – obligations, consequences and who can help”, a copy of which is annexed to these Orders.

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

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 10726 of 2008

MS RAND

Applicant

And

MR PORTER

Respondent

REASONS FOR JUDGMENT

1. I have got two options.  One is to set the matter down for hearing.  I indicated to the father would he attend if I set the matter down for hearing?  He indicated he would not.  He is not exercising his limited rights to see the child provided by the consent arrangements.  To the extent that he has tried to telephone the child, he agrees that he has been in breach of the orders that were made in this matter by consent back on 26 June.

2. He has not attended on Dr M, as was ordered, and as he had agreed to.  He has not attended an anger management program.  As I indicated in my discussions with him, he came across on the phone line as rude and aggressive.  I could understand why he would benefit from an anger management program but he shows no inclination whatsoever to cooperate with the court system. 

RECORDED  :  NOT TRANSCRIBED

1. I will make an additional order that the mother, for a period of 12 months, acquire a post office box address and notify the father of such post office box address.  In the event the father has not corresponded with the child on a regular basis during that period, the mother may terminate the post office box facility.

2. I will delete the word “access” in paragraph 3.

3. I will make orders as per the draft initialled by me and placed with the papers.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry

Associate: 

Date:  23 October 2009