Samson & Jacks

[2008] FamCA 176

FAMILY COURT OF AUSTRALIA

SAMSON & JACKS [2008] FamCA 176

FAMILY LAW – CHILDREN - With whom a child spends time - Best interests of child

Family Law Act 1975 (Cth)

Potts and Bims [2007] FamCA 394
McKenzie and Edwards and Anor [2006] FamCA 1314
Stevens and Lee (1991) FLC 92-201
M & T [2003] FamCA 602
Re C and D (1998) FLC 92-815
KAM v MJR; JIG (Intervener) (1999) FLC 92-847

1st APPLICANT: Mrs Samson

2nd APPLICANT: Mr Samson

1st RESPONDENT: Mrs Jacks

2nd RESPONDENT: Mr Jacks

FILE NUMBER: SYF 3762 of 2006

DATE DELIVERED: 19 March 2008

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: O'Ryan J

HEARING DATE: 22 February 2007, 21 March 2007, 24 August 2007, 6 & 7 February 2008

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Mr Hodgson of Counsel

SOLICITOR FOR THE APPLICANTS: The Argyle Partnership

COUNSEL FOR THE RESPONDENTS: Ms Hanna of Counsel

SOLICITOR FOR THE RESPONDENTS: D C Balog & Associates

Orders

1. The hearing be adjourned to enable the parties to file a minute of orders giving effect to the judgment and the orders I have in the judgment identified I propose to make.

2. Each party lodge with my Associate within 14 days a minute of orders.

3. The matter then be listed by arrangement with my Associate for the hearing of any issues in relation to the form of the proposed orders.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 3762 of 2006

Mrs and Mr Samson

Applicants

And

Mrs and Mr Jacks

Respondents

REASONS FOR JUDGMENT

1. Before me for hearing are applications for final parenting orders.  The proceedings were commenced by application filed on 31 August 2006 on behalf of Mrs Samson who I shall hereafter refer to as the Grandmother.  The respondent to this application is Mrs Jacks who I shall hereafter refer to as the Mother.  The Mother is the Grandmother’s daughter.

2. In the application the Grandmother sought the following order;

   1.That the children, mainly E born on … October 1998 and A, born on … October 2000 spend time with the applicant Grandmother as follows,

   1.1    Forthwith and upon the making of this order each Sunday every third week between 9 am and 1 pm.

   1.2    Within six months of the date of these orders, each Sunday every third week between 9 am and 5 pm.

   1.3    For a period of two days for each of the NSW school holidays by agreement.

3. On 9 October 2006 an amended application for final orders was filed on behalf of the Grandmother and also Mr Samson who I shall hereafter refer to as the Grandfather.  In this amended application the grandparents seek orders in the same terms as the orders sought in the application for final orders filed on behalf of the Grandmother on 31 August 2006.

4. On 13 October 2006 a response was…