FAMILY COURT OF AUSTRALIA
| ROWE & HELBIG (NO. 2) | [2014] FamCA 942 |
| FAMILY LAW – CHILDREN – Application in a Case – Where the mother seeks a stay of previously made interim parenting orders, which reversed the residence of the two subject children – Discussion of the mother’s Notice of Appeal – Where the mother seeks, in the alternative, fresh orders that the children are returned to either her care or that of the maternal grandparents – Where the mother sought to challenge the previous orders on numerous grounds – Where rupturing the children’s current residence with the father and moving them to live with either the mother or the maternal grandparents would not likely be in their best interests when it is a temporary measure designed to last until only the final hearing in January 2015 – Mother’s application dismissed. FAMILY LAW – CHILDREN – Application in a Case – Where the Independent Children Lawyer seeks an order compelling a Family Consultant to help the father successfully implement the existing interim orders – Where the Independent Children’s Lawyer’s proposal for orders to ensure satisfactory implementation of the existing interim orders is a superior proposal – An order made pursuant to s 68L of the Family Law Act 1975 (Cth). FAMILY LAW – COSTS – Where the father sought costs against the mother – Where the existing interim orders were made on an ex-parte basis – Where this hearing was the vehicle by which the mother was afforded procedural fairness through the opportunity to be heard – Application dismissed. |
| Family Law Act 1975 (Cth) ss 65L, 117 Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106 |
| APPLICANT: | Mr Rowe |
| RESPONDENT: | Ms Helbig |
| INTERVENOR: | Secretary, NSW Department of Family & Community Services |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW |
| FILE NUMBER: | PAC | 5421 | of | 2010 |
| DATE DELIVERED: | 23 October 2014 |
| PLACE DELIVERED: | Newcastle |
| PLACE HEARD: | Newcastle |
| JUDGMENT OF: | Austin J |
| HEARING DATE: | 23 October 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms P Merkin |
| SOLICITOR FOR THE APPLICANT: | N/A |
| COUNSEL FOR THE RESPONDENT: | N/A |
| SOLICITOR FOR THE RESPONDENT: | Family Law Legal |
| COUNSEL FOR THE INTERVENER: | N/A |
| SOLICITOR FOR THE APPLICANT: | Crown Solicitor’s Office |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | N/A |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid NSW |
Orders
Pursuant to s 65L(1)(b) of the Family Law Act, the Director of the Child Dispute Services within the Newcastle Registry of the Family Court of Australia shall, in her discretion, instruct a Family Consultant to give the father such assistance as the Director deems is reasonably required by him to comply with and carry out the Orders made by Justice Cleary on…
Continue reading Rowe and Helbig (No 2)
Sign in free to access the full text
- AGLC
- Rowe and Helbig (No 2) [2014] FamCA 942
- Case
- [2014] FamCA 942
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether to grant the mother's application to stay or vary the existing interim parenting orders, and whether to make orders sought by the ICL to facilitate the implementation of those orders. The court also considered the father's application for costs.
Austin J dismissed the mother's application, reasoning that rupturing the children's current residence with the father and moving them to live with either the mother or the maternal grandparents would not likely be in their best interests, particularly as such a move would be a temporary measure until the final hearing. The court found the ICL's proposal for orders to ensure satisfactory implementation of the existing interim orders to be superior and made orders pursuant to s 68L of the *Family Law Act 1975* (Cth) to facilitate this. The father's application for costs was dismissed, as the hearing provided the mother with procedural fairness to be heard regarding the previously made ex-parte interim orders.
Orders
Orders of the court
1.
Pursuant to s 65L(1)(b) of the Family Law Act, the Director of the Child Dispute Services within the Newcastle Registry of the Family Court of Australia shall, in her discretion, instruct a Family Consultant to give the father such assistance as the Director deems is reasonably required by him to comply with and carry out the Orders made by Justice Cleary on 9 October 2014.
2.
Leave is granted to the father to provide to the Director of Child Dispute Services and the Family Consultant:
(a) A sealed copy of these Orders;
(b) A sealed copy of the Orders made 9 October 2014;
(c) A copy of Justice Cleary’s Reasons for Judgment delivered 9 October 2014; and
(d) A copy of the single expert report dated 29 September 2014.
3.
Otherwise:
(a) The Application in a Case filed by the Independent Children’s Lawyer on 21 October 2014 is dismissed;
(b) The Amended Application in a Case filed by the mother on 22 October 2014 is dismissed;
(c) The Response to an Application in a Case filed by the father in Court on 23 October 2014 is dismissed; and
(d) Any and all outstanding applications for interim orders are dismissed.
NOTATIONS
(A) The proceedings remain listed for final hearing before Justice Cleary on 19 January 2015.
(B) The father’s Amended Application-Contravention filed on 16 April 2014 remains outstanding.
(C) The Notice of Appeal (Appeal no EA 143/2014) filed by the mother on 22 October 2014 remains outstanding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.