Sandridge and Graycie (No.2)

FEDERAL CIRCUIT COURT OF AUSTRALIA

SANDRIDGE & GRAYCIE (No.2) [2019] FCCA 1272

Catchwords:
FAMILY LAW – Parenting proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39

Federal Circuit Court Rules 2001, r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MR SANDRIDGE

Respondent: MS GRAYCIE

File Number: PAC 3944 of 2013

Judgment of: Judge Newbrun

Hearing dates: 18 and 19 March 2019, 9 May 2019

Date of Last Submission: 9 May 2019

Delivered at: Parramatta

Delivered on: 15 May 2019

REPRESENTATION

Counsel for the Applicant:	Ms Breeze
Solicitors for the Applicant:	Family Lawyers & Mediators Australia
Counsel for the Respondent:	Mr Hill

Counsel for the Independent Children’s Lawyer:	Mr Reeves
Solicitors for the Independent Children’s Lawyer	Sydney West Family Lawyers

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia at Parramatta, with the matter to be mentioned on 29 May 2019 at 9:30 am.

IT IS NOTED that publication of this judgment under the pseudonym Sandridge & Graycie (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3944 of 2013

MR SANDRIDGE

Applicant

And

MS GRAYCIE

Respondent

REASONS FOR JUDGMENT

Introduction

1. The within Reasons for Judgment relate to this Court’s Order of today that these parenting proceedings be transferred to the Family Court of Australia at Parramatta.

2. The subject children are two boys, [X] aged almost 16 years, and [Y], aged 13 years.

3. The parents hail from India.  The father is aged 51 years, and the mother 47 years.  The parties married in … 2000 in India.  The parties’ relationship was predominantly lived out in Sydney.  They separated in about February 2007.

4. The father works as a professional.  The mother appears not to work in paid employment.

5. There were parenting and property proceedings in the Family Court in Adelaide in 2010.  Parenting Orders were made in those proceedings.

6. In about late 2013 the father commenced proceedings in this Court and there were parenting Orders made on 3 February 2014.

7. The child [X] was the subject of a mental health care plan in about June 2015 and that child had consultations with a psychologist in the second half of 2015.

8. The mother contends that this child has had bullying problems at school in 2017 and that he was depressed and getting sick regularly.  The mother alleges that in about late 2018 this child was not attending school.  This child changed schools in 2019.

9. The parties have previously been in dispute about the younger child’s school.

10. In October 2018 these proceedings were listed for final hearing in this Court with three days allocated for the final hearing beginning on 18 March 2019.  Until a relatively short time prior to 18 March 2019 both parties were legally unrepresented (and see below).

11. Information was provided by the parties and Independent Children’s Lawyer (“ICL”) to the Court on 19 March 2019 and 9 May 2019…