Rilak and Tsocas (No 2)

FAMILY COURT OF AUSTRALIA

RILAK & TSOCAS (NO 2) [2016] FamCA 590

FAMILY LAW – CONTRAVENTION – Where the mother alleged there have been six contraventions – Where the mother alleged the father had not facilitated the supervised visits –Where the father denied five contraventions and admitted one with reasonable excuse – Where the mother is unable to establish a prima facie case in relation to four contraventions – Where the father had reasonable excuse for two contraventions – Contravention Application dismissed.  

FAMILY LAW – LEGAL COSTS – Where the father seeks a costs order against the mother for a contravention application – Consideration of factors set out in s 117(2A) of the Family Law Act 1975 (Cth) – Where the wife given time to file and serve submissions as to costs.

Family Law Act 1975 (Cth) s 117(2A)

APPLICANT: Ms Rilak

RESPONDENT: Mr Tsocas

FILE NUMBER: SYC 2062 of 2010

DATE DELIVERED: 22 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 19 July 2016

REPRESENTATION

THE APPLICANT: In Person

COUNSEL FOR THE RESPONDENT: Mr Gutierrez

SOLICITOR FOR THE RESPONDENT: Peter Baker Solicitor

Orders

IT IS ORDERED

1. That the Contravention Application filed by the mother on 17 March 2016 be dismissed.

2. That within 14 days the mother file and serve any written submissions in relation to the father’s application for costs.

3. That the father’s assessment of costs on a party and party basis be served upon the mother forthwith.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Rilak & Tsocas (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2062 of 2010

Ms Rilak

Applicant

And

Mr Tsocas

Respondent

REASONS FOR JUDGMENT

1. Orders were made in parenting proceedings between Ms Rilak (“the mother”) and Mr Tsocas (“the father”) on 13 November 2015. The effect of those orders was to change the residence of their child, B born … 2010 (“the child”) so that she thereafter lived with the father and spent supervised time with the mother.

2. The mother appealed against those orders and on 20 November 2015, the orders were stayed and further orders were made, pending the disposition of the appeal. Those orders were varied on 4 December 2015.

THE ORDERS

1. The various orders are set out below. For convenience, those portions of the orders relied on in the application have been emphasised.

   13 NOVEMBER 2015

   IT IS ORDERED THAT

   PARENTING

   1.   All previous orders with respect to B… born ……