Rowley and Landale
[2009] FMCAfam 219
•5 March 2009
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ROWLEY & LANDALE | [2009] FMCAfam 219 |
| FAMILY LAW – Interim orders – time with husband – paternal grandmother to be in substantial attendance – criminal charges to be heard in State Magistrates Court before hearing of matter. |
| Family Law Act 1975, ss.4, 60CC(2), 60CC(3) |
| Applicant: | MS ROWLEY |
| Respondent: | MR LANDALE |
| File Number: | MLC 5047 of 2008 |
| Judgment of: | Turner FM |
| Hearing date: | 5 March 2009 |
| Date of Last Submission: | 5 March 2009 |
| Delivered at: | Melbourne |
| Delivered on: | 5 March 2009 |
REPRESENTATION
| Counsel for the Applicant: | Ms A.E. Carter |
| Solicitors for the Applicant: | Macgregor Solicitors |
| Counsel for the Respondent: | Mr T. Moisidis |
| Solicitors for the Respondent: | Hughes Watson Marks Kennedy |
ORDERS (as varied to reflect the intention of the Court)
The Contravention Application by the husband is adjourned for a telephone mention on 8 July 2009 at 10.00 am and is fixed for final heairng on 27 August 2009 at 10.00 am with an estimated hearing time of 2 days.
The husband’s Application for additional time with the children is adjourned for final hearing at 10.00 am on 27 August 2009, as it is in the best interest of the children [X] born in 2003 and [Y] born in 2004 that the criminal changes against the husband to be heard in the Dandenong Magistrates Court are determined first.
Commencing 6 March 2009 the children are to spend time with the husband every second weekend:
(a)On the first occasion and monthly thereafter, the husband is to collect the children from the [A] Child Care Centre at [N] at
4.00 pm Friday and return them to the [N] Police Station at
6.00 pm Sunday.(b)On the next occasion (being the weekend commencing 20 March 2009) and monthly thereafter, the wife is to deliver the children to the [M] Police Station at 7.00 pm on Friday and collect them from that Police Station at 6.00 pm on Sunday.
(c)These arrangements are to continue until further order.
Order 3(a) of the Orders of 30 October 2006 is terminated and replaced with an order “from 4.00 pm Friday (or 7.00 pm on a Friday when the wife is delivering the children to [M] Police Station) until 6.00 pm Sunday in each alternate week during school terms.”
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 Attachment A hereto and these particulars are included in these orders.
IT IS NOTED that publication of this judgment under the pseudonym Rowley & Landale is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLC 5047 of 2008
| MS ROWLEY |
Applicant
And
| MR LANDALE |
Respondent
REASONS FOR JUDGMENT
(Ex tempore and revised from transcript)
The Court is satisfied that it is not in the best interests of the children that the orders of 22 August 2008 be replaced by other orders.
The Court is satisfied that the father can have a meaningful relationship with the children, while the orders of 22 August 2008 are in place.
The Court refers to s.60CC(2)(a).
The Court is not satisfied that the requirement for the paternal grandmother to be in substantial attendance should be revoked. There are allegations of family violence against the father, as defined in s.4 of the Family Law Act1975 (the “Act”), and that is a s.60CC(3)(j) factor. It is in the best interests of the children that the paternal grandmother continues to be in substantial attendance.
The Court adjourns the application for additional time with the children until 10 am on 27 and 28 August 2009. The Court considers that for the best interests of the children, that the matters in the Magistrates Court at Dandenong be resolved before the hearing. As to changeover, the Court orders that one weekend the father is to collect the children from the [A] Child Care Centre at [N] at 4 pm on Friday, and return them to the [N] Police Station at 6 pm on Sunday.
On alternate weekends, the mother is to deliver the children to the
[M] Police Station at 7 pm on Friday, and collect them from the [M] Police Station at 6 pm on Sunday. Order 3(a) of the orders of
30 October 2006 is replaced with an order as follows. From 4 pm Friday (or 7 pm on alternate weekends) until 6 pm on Sunday, in each alternate week commencing 10 November 2006 during school terms. That is 4 pm Friday or 7 pm on alternate weekends until 6 pm on Sunday in each alternate week, commencing 10 November 2006 during school terms. There are just two alternates in there. So that reads from 4 pm Friday until 7 pm on the next Friday until 6 pm on Sunday in each alternate week during school terms, commencing Friday 6 March 2009.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Turner FM
Associate: Kirra Vickerman
Date: 5 March 2009
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