Rilak and Tsocas (No 6)

FAMILY COURT OF AUSTRALIA

RILAK & TSOCAS (NO 6) [2015] FamCA 1020

FAMILY LAW – PRACTICE AND PROCEDURE – Stay – Where the mother seeks a stay of substantive parenting Orders which in effect change the residence of the child from living with the mother to the father – Where the mother has filed an appeal against those Orders – Where it was found that the child is at grave risk of psychological harm in her mother’s care – Consideration of the best interests of the child – Where the mother’s appeal has little or no chance of success – Where a stay was granted to facilitate the substantive orders and other orders were varied or stayed by consent –Where the mother’s application was otherwise dismissed.

Family Law Act 1975 (Cth)
Trahn & Long (No 2) [2008] FamCAFC 194

APPLICANT: Ms Rilak

RESPONDENT: Mr Tsocas

INDEPENDENT CHILDREN’S LAWYER: Peter Baker Solicitor

FILE NUMBER: SYC 2062 of 2010

DATE DELIVERED: 20 November 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan J

HEARING DATES: 17 November 2015

REPRESENTATION

APPLICANT MOTHER IN PERSON

COUNSEL FOR THE RESPONDENT 

FATHER:

Mr Levy

SOLICITOR FOR THE RESPONDENT FATHER:

Watts McCray Lawyers

INDEPENDENT CHILDREN’S LAWYER:

Peter Baker Solicitor

Orders

1. By consent the operation of Order 13 made on 13 November 2015 is stayed pending the disposition of the appeal initiated by the mother by her Notice of Appeal filed 17 November 2015.

2. By consent orders 2, 4 and 30 made on 13 November 2015 are varied to provide as follows:

   (2)Without requiring the permission and/or consent and/or signature of the mother, Mr Tsocas (“the father”) is to apply within 14 days from the date of these Orders to amend the registration of the child’s name with the Registrar of Births, Deaths and Marriages such that “B Ranis” be registered as “B Ranis-Tsocas ” (“the child”)

   (4)Within 14 days from the date of these Orders, the father shall serve a sealed copy of these orders upon the Registrar of Births, Deaths and Marriages.

   (30) The father shall advise the mother immediately if the child suffers illness or injury requiring hospital admission, including details of any medical practitioner, specialist or hospital attended upon.

3. By consent the father shall notify the mother in writing no later than 14 days after forming an intention to move from his residential address and provide the mother the address of the child's new residence, including details of the school and any medical practitioner.

4. Orders 8, 9 and 10 made on 13 November 2015 are stayed pending the finalisation of the mother’s appeal against those orders and in lieu thereof for that period, the orders will be:

   (A) Unless the parties otherwise agree in writing, commencing not earlier than 28 November 2015, the mother may spend time with the child at: the V Park, the Shopping Centre at Suburb W, or at such other venue as is agreed to by the parents and by the supervisor, each Sunday, for a…