Runcorn and Raine (No. 2)

[2008] FamCA 1021

FAMILY COURT OF AUSTRALIA

RUNCORN & RAINE (NO.2) [2008] FamCA 1021

FAMILY LAW - CHILDREN – Best interests – with whom the children spends time – where extensive Reasons for Judgment were delivered in relation to with whom the children live and parental responsibility – further submissions on amount of, and conditions for, spends time with orders –chaotic presentation by the mother appearing by phone – mother hung up on Court proceedings and was then unreachable – proceedings continued in absence of mother – best interests of children that mother spend supervised time and have phone and e-mail communication

Family Law Act 1975(Cth)

APPLICANT: Mr Runcorn

RESPONDENT: Ms Raine

INDEPENDENT CHILDREN’S LAWYER: Carter Naughton Rice

FILE NUMBER: BRF 2512 of 2006

DATE DELIVERED: 7 November 2008

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Murphy J

HEARING DATE: 7 November 2008

REPRESENTATION

FOR THE APPLICANT: The Applicant father in person

FOR THE RESPONDENT: The Respondent mother in person

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Mr Linklater-Steele

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Carter Naughton Rice

Orders

UPON the Court ordering that the Orders made on 16 October 2008 and 7 November 2008 be consolidated with one sealed order

IT IS ORDERED ON 16 OCTOBER 2008 THAT

IT IS NOTED THAT the presumption of equal shared responsibility is, in the circumstances of this case, rebutted by reason of the best interests of the children N and J each born … May 2000.

Parental Responsibility

1. The parties shall each have responsibility for making day to day decisions in respect of the care, welfare and development of the children during the time that the children spend with each of them in accordance with these orders.

2. The father shall have sole parental responsibility in respect of all major long term issues (as that expression is defined in the Family Law Act 1975 (as amended)) in respect of each of the children, save that the father shall, prior to making the sole ultimate decision about any such issue:

   (a)Use his best endeavours to advise the mother in writing of the decision intended to be made;

   (b)       Seek the mother’s written response in relation thereto;

   (c)Consider, by reference to the best interests of the children, any such response prior to making any such decision;

   (d)Advise the mother in writing as soon as reasonably practicable of his ultimate decision.

3. The parties shall each do all such things, sign all such documents and each pay any charges or fees as are reasonably necessary to:

   (a)Keep the other informed of their residential address and a landline number, a mobile telephone number and an email address on or at which the children can be contacted whilst in the care of the other and, forthwith, of any changes in each;

   (b)keep the other informed of each and all doctors, health professionals, educational institutions, counsellors, therapists and extra-curricular activities which the children each attend;

   (c)authorise any person, institution or body referred to in the previous sub-paragraph to provide to the other…