Ritchie and Ritchie

[2007] FamCA 1578

FAMILY COURT OF AUSTRALIA

RITCHIE & RITCHIE [2007] FamCA 1578

FAMILY LAW – CHILDREN – Interim orders made restraining wife from removing 4 year old child from Australia – Orders made that the child live with the father

Family Law Act 1975 (Cth)

APPLICANT: Ms Ritchie

RESPONDENT: Mr Ritchie

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 5499 of 2007

DATE DELIVERED: 15 November 2007

PLACE DELIVERED: Mildura

PLACE HEARD: Mildura

JUDGMENT OF: Guest J

HEARING DATE: 15 November 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Martin

SOLICITOR FOR THE APPLICANT: Martin Irwin & Richards

COUNSEL FOR THE RESPONDENT: Mr Hilton-Wood

SOLICITOR FOR THE RESPONDENT: R J Hilton-Wood

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Bender

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Victoria Legal Aid

Orders

IT IS ORDERED BY THE COURT:

1. That until further order the parties be and are hereby restrained from removing or attempting to remove the child … born … December 2003 from the Commonwealth of Australia AND IT IS REQUESTED that the Australian Federal Police give effect to this order by registering the children’s name(s) on the Airport Watch List.

IT IS DIRECTED:

1. That the Solicitor for the Wife serve a sealed copy of this order on the said Australia Federal Police.

BY CONSENT IT IS ORDERED  

1. That all existing parenting orders be discharged.

2. That the parties share equally the parental responsibility for … (“the child”) born … December 2003.

3. That the child live with the Husband.

4. That upon the Wife returning from Queensland the child spend time with the Wife for a minimum of one occasion per week at times to be agreed between the parties.

5. That upon the Wife returning from Queensland the Husband and Wife ensure the child spend time with T on a minimum of two occasions per week at times to be agreed between the parties.

6. That the parties keep the other advised of their address and telephone number and notify the other party of any proposed changes within 24 hours.

7. That the Husband advise the Wife of any medical treatment required by the Child.

8. That the child be permitted to telephone the parent with whom he is not living or spending time at all reasonable times.

9. That all extant applications be dismissed and the proceedings be removed from the Pending Cases List.

10. That the Order appointing the Independent Children’s Lawyer be discharged.

11. That pursuant to s.65DA(2) and s.62B, 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 adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

NOTATIONS:

The Independent Children’s Lawyer agrees to these orders having regard to the following factors:

1. The Husband no longer seeks the child T live with him;

2. The Wife and child T are currently in Queensland in the company of the Maternal Grandfather, and are expected to return to Victoria within 3 months;

3. The Department of Human Services (Victoria) are linking the Wife into services in Queensland; and

4. The recommendations contained in the Family report dated 27 September 2007 by Mr R.

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

FAMILY COURT OF AUSTRALIA AT MILDURA

FILE NUMBER: MLC 5499 of 2007

MS RITCHIE

Applicant

And

MR RITCHIE  

Respondent

And

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. This matter comes before me in the regional sittings of the Family Court of Australia at Mildura. Ms Martin appears for the respondent husband, Mr Hilton-Wood for the applicant wife and Ms Bender is the Independent Children's Lawyer.

2. It is a welfare dispute concerning the child, who was born in December 2003.  There was a further child born of an earlier union of the mother, T who was born in May 2000.  He is seven years of age.

3. It is somewhat concerning to learn that the mother is in Queensland picking fruit and has taken T with her.  I see from the Notations to the order that they are expected to return to Victoria within three months, which will take it to February, 2008.  In the circumstances, and it is unknown to me when they left, that child will miss important parts of school, will miss the presence of his brother, the child, will miss his local environment, his friends, associates and peer group.  It is a worry, frankly, that this sort of event has been permitted to occur.

4. Mr R, the Family Consultant, has provided a remarkably succinct and erudite report in which he placed all the issues before the court in a most readable narrative form.  His recommendations are clear.  They have been adopted by the parties and approved by the Independent Children's Lawyer.

5. In the circumstances, I will approve the orders.  I make the Minute of Consent Orders Exhibit “A”.  I make orders in terms of Exhibit “A”.

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

Associate 

Date:  16 January 2007