Sansone and Chancellor and Ors

FEDERAL CIRCUIT COURT OF AUSTRALIA

SANSONE & CHANCELLOR & ORS [2018] FCCA 3491

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 SANSONE

First Respondent: MS CHANCELLOR

Second Respondent: MR THOMPSON

Third Respondent: MS THOMPSON

File Number: NCC 745 of 2017

Judgment of: Judge Newbrun

Hearing date: 28 November 2018

Date of Last Submission: 28 November 2018

Delivered at: Parramatta

Delivered on: 30 November 2018

REPRESENTATION

Solicitors for the Applicant: Ms Alam as agent for Barbara Garrick and Associates

The First, Second and Third Respondents were mentioned by consent

Independent Children’s Lawyer  Mr Christaki of Legal Aid Nsw Bankstown Family Law

ORDERS

1. The Court transfers these parenting proceedings to the Family Court of Australia at Parramatta. These proceedings are listed for mention in the Family Court of Australia at Parramatta on 18 December 2018 at 9:30 am.

NOTATION

The Court refers to its written Reasons in relation to the above transfer Order.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

NCC 745 of 2017

MR SANSONE

Applicant

And

MS CHANCELLOR

First Respondent

MS THOMPSON

Second Respondent

MS THOMPSON

Third Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s Order of 28 November 2018 that these parenting proceedings be transferred to the Family Court of Australia.

2. All parties and the Independent Children’s Lawyer (“ICL”) sought an Order, on 28 November 2018, that these parenting proceedings be forthwith transferred to the Family Court of Australia at Parramatta.  They contended that the proceedings are both complex and likely to take in excess of four final hearing days.

3. The relevant children are [X] born 2015, [Y] born 2017, and potentially the unborn child of the mother, the mother presently being pregnant to another male person.

4. There are multiple parties in these complex parenting proceedings.

5. The proceedings were instituted by the father of the child [X].  The Respondents are the mother and the maternal grandparents.  There is a real prospect that the biological father of the child [Y] will be joined to the proceedings.  An ICL has been appointed.

6. The father, the mother, and the maternal grandparents each separately seek a live with Order in relation to the children.

Issues in dispute

1. The issues in dispute are as follows:

   a)With whom the above children shall live with.

   b)The capacity of the parties to adequately parent the children.

   c)Whether the children have been neglected in each of the parties’ care.

   d)Whether or not there is a significant risk of the children being neglected in each of the parties’ care.  (There is a contention that the Department of Family and Community Services have been involved in relation to the care of…