Romanos and Tatoulis

[2009] FamCA 43

FAMILY COURT OF AUSTRALIA

ROMANOS & TATOULIS [2009] FamCA 43

FAMILY LAW – CHILDREN – Consent orders – Child to live with wife – Court orders sole parental responsibility

Family Law Act 1975 (Cth)

APPLICANT: Ms Romanos

RESPONDENT: Mr Tatoulis

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 2159 of 2007

DATE DELIVERED: 15 January 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 15 January 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms J.L. Stewart

SOLICITOR FOR THE APPLICANT: Berger Kordos

COUNSEL FOR THE RESPONDENT: Mr I.C. Duffy

SOLICITOR FOR THE RESPONDENT: John D Snodgrass & Assoc

COUNSEL FOR THE INDEPENDENT CHILDREN'S LAWYER Ms M.G. McNamee

SOLICITOR FOR THE INDEPENDENT CHILDREN'S LAWYER Victoria Legal Aid

Orders

BY CONSENT IT IS ORDERED:

1. That all previous Orders in relation to the child … born … January 2006 be and are hereby discharged.

IT IS ORDERED BY THE COURT:

1. That the Wife have sole parental responsibility for the child.

BY CONSENT IT IS ORDERED:

1. That the child live with the Wife.

2. That the Husband shall not spend time with, communicate with or approach the child unless otherwise agreed in writing between the Husband and the Wife.

3. That the Wife authorise any medical or health professionals treating the child from time to time to liaise and/or speak with the Husband with respect to the child’s health (and the Husband to be responsible for the costs of any such consultations).

4. That the Husband and the Wife keep the child’s treating health professionals informed of their respective current residential address, landline telephone number, mobile telephone number and email address.

5. That the child continue to attend upon Dr H and/or such other health professional to whom she may be referred from time to time as directed and that the Wife shall facilitate and ensure the child’s attendance as reasonably required by the treating health professional.

6. That the Wife and the Husband comply with all reasonable lawful directions of Dr H or such other health professional to whom the child may be referred.

7. That the Wife or her agent advise the Husband of any change to the child’s principal treating medical practitioner (presently Dr H).

8. That the Wife ensure the child receives any appropriate gifts, photographs or correspondence sent by the Husband to an address nominated by the Wife.

9. That on 30 January, 30 June and 30 October of each calendar year, the Wife forward to the Husband, to an address nominated by him, at least 5 photographs of and filmed footage of the child of at least 15 minutes.

10. That the Wife forward to the Husband by mail, to an address nominated by him, copies of any school and kindergarten photographs and/or reports PROVIDED ALWAYS that the wife is at liberty to obliterate identification details from such documents.

11. That the Wife or her agent advise the Husband, as soon as is practicable, of any accident, illness or injury to the child which requires the child to be hospitalised, together with particulars of the said hospital to which the child has been admitted.

12. That the Husband and the Wife, by themselves, their servants or agents be and are hereby restrained from denigrating the other to or in the presence or hearing of the child or from permitting any other person to do so.

13. That pursuant to Section 65DA(2) and Section 62B of the Family Law Act 1975, the particulars of the obligations these orders create and the particulars of the consequences that follow if a person contravenes these orders and the 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

14. That all applications be otherwise dismissed.

15. That the Independent Children’s Lawyer be dismissed.

16. That the Subpoena Clerk do all things necessary to return all documents currently held by them in respect of these proceedings.

17. Certify for Counsel.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 2159 of 2007

MS ROMANOS

Applicant

And

MR TATOULIS

Respondent

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. This is an application that has traversed its way through the court system for quite a long period of time now involving a child who was born in January 2006.  She is almost three years of age.  I think I should record the fact that the parties have very sensibly today worked out the arrangements, having regard to the voluminous amount of evidence that I would have otherwise had to hear.

2. The circumstances in relation to the child are nothing short of tragic and hopefully, with the work of the health professionals involved in the case, things will involve in the future and if that happens then hopefully the child’s father may have a very significant role in her life in the future.  To this point in time that has not happened and the signs for the immediate future are not very good.

3. The parties have sorted out all issues other than the one which has caused some difficulty for them, and that is the question of parental responsibility.  The wife seeks an order for sole parental responsibility for the child and that is supported by the Independent Children's Lawyer.  The husband does not oppose the order but does not consent to that order.  An order for any parental responsibility deviates from what the law requires the court to contemplate, that is equal shared parental responsibility. 

4. In this case, in my view, it is appropriate, having regard to the relationship between the parties and the responsibilities that each have for the child, that there be an order for sole parental responsibility.

I certify that the preceding Four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin

Associate: 

Date:  27 January 2009