Roman and Middleton and Anor

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FEDERAL CIRCUIT COURT OF AUSTRALIA

ROMAN & MIDDLETON & ANOR [2015] FCCA 2565
Catchwords:
FAMILY LAW – Application by paternal Grandmother to intervene in proceedings – Grandmother (and one of the children) are indigenous Australians – Grandmother supports the Father of one of the children – mutual allegations of abuse and family violence.

Legislation:

Family Law Act 1975, ss.60CA, 65C(ba) & (c), 65D(1)

Aldridge v Keaton (2009) FLC ¶93-421; (2010) 42 Fam LR 369
Carlson v Bowden (2009) 40 Fam LR 327
Church v Overton (2009) 40 Fam LR 357
KAM v MJR; JIG (Intevener) (1999) FLC ¶92-847; (1998) 24 Fam LR 656
Valentine v Lacerra (2014) 49 Fam LR 255
Applicant: MR ROMAN
First Respondent: MS MIDDLETON
Second Respondent: MR TAIT
File Number: CAC 711 of 2015
Judgment of: Judge Neville
Hearing date: 6 August 2015
Date of Last Submission: 9 September 2015
Delivered at: Canberra
Delivered on: 22 September 2015

REPRESENTATION

Solicitors for the Applicant: Friedlieb Byrne, Wagga Wagga
Solicitors for the First Respondent: Tarella Law, Albury
Solicitors for Second Respondent: No appearance
Solicitors for the Independent Children's Lawyer: Goldbrook Family Law, Canberra

ORDERS

  1. The Amended Application in a Case, filed by the paternal Grandmother on 17th July 2015, be dismissed;

  2. It is requested that the paternal Grandmother be part of the assessment by the Family Consultant;

  3. The Independent Children’s Lawyer be discharged;

  4. Having regard to the locality of the parties and the children, the Legal Aid Commission of New South Wales is requested to appoint an Independent Children’s Lawyer for the children the subject of this proceeding from either the (omitted) or (omitted) areas.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAC 711 of 2015

MR ROMAN

Applicant

And

MS MIDDLETON

First Respondent

MR TAIT

Second Respondent

REASONS FOR JUDGMENT

Introduction

  1. This matter, substantively, concerns parenting orders in relation to 4 year old X, and 1 year old Y.  These children have different Fathers – the Applicant and the Second Respondent.  To date, the Second Respondent has not engaged in the proceedings at all.

  2. More immediately, formally, there is an Application, filed 12th June, by which the paternal Grandmother, Ms V (the Applicant’s Mother) seeks to intervene in the proceeding.  She is an indigenous Australian, as is her son and her grandson, Y.  Ms V is the paternal Grandmother only of Y.  She claims however that X would regularly stay over at her place, and that, because of the Mother’s alleged mental health issues, she has regularly acted protectively towards X.

  3. Ms V also deposes to her support for, and agreement with, the orders sought by her son, the Applicant Father of Y, which include a change of residence of the children to live primarily with the Applicant Father; this Application includes the Father’s non-biological child, X.

  4. All parties have filed written submissions pursuant to orders…

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Details
Case
[2015] FCCA 2565
Decision Date

CaseChat Overview and Summary

The proceeding concerned an application by the paternal grandmother for orders relating to her grandchildren. The court was required to determine whether to grant the grandmother's application, and to make consequential orders regarding the involvement of a Family Consultant and the appointment of an Independent Children's Lawyer.

The court considered the grandmother's application and the best interests of the children. It was determined that the grandmother's application should be dismissed. The court also ordered that the grandmother be included in the assessment by the Family Consultant.

Furthermore, the court discharged the existing Independent Children's Lawyer. Given the geographical location of the parties and the children, the court requested the Legal Aid Commission of New South Wales to appoint a new Independent Children's Lawyer from specific regional areas.

Orders

Orders of the court

1.

The Amended Application in a Case, filed by the paternal Grandmother on 17th July 2015, be dismissed;

2.

It is requested that the paternal Grandmother be part of the assessment by the Family Consultant;

3.

The Independent Children’s Lawyer be discharged;

4.

Having regard to the locality of the parties and the children, the Legal Aid Commission of New South Wales is requested to appoint an Independent Children’s Lawyer for the children the subject of this proceeding from either the (omitted) or (omitted) areas.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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