Sawer and Hugh (No. 4)

FAMILY COURT OF AUSTRALIA

SAWER & HUGH (NO. 4) [2009] FamCA 521

FAMILY LAW – CHILDREN – Order for publication of reasons to children’s schools

APPLICANT: Mr and Mrs Sawer (Snr)

RESPONDENT: Ms Hugh

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: LNC 511 of 2009

DATE DELIVERED: 18 June 2009

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Bennett J

HEARING DATE: 18 June 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT:

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Mr Lewis

SOLICITOR FOR THE RESPONDENT: Temple-Smith and Partners

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Verney Walker & Co

Orders

IT IS DIRECTED:

1. That the independent children’s lawyer provide a copy of the reasons for judgment on 10 June 2009 and 12 March 2009 and this day and this Order to the proper officers of S School attended by the child J born … June 1996 and L School attended by the children E born … January 1999 and H born … January 1999.

AND THE COURT NOTES that the independent children’s lawyer has stated that pursuant to s67ZA he will make a notification to the Department of Health and Human Services (Tasmania) that the child J is exposed or subjected or is at risk of being exposed or subjected to behaviour which psychologically harms him.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: LNC 511 of 2008

MR AND MRS SAWER (SNR)

Applicant

And

MS HUGH

Respondent

REASONS FOR JUDGMENT

ex tempore

1. This matter has been brought on for mention at the request of the independent children’s lawyer and consequent upon the child, J born … June 1996, having run away from home for the second time in the last fortnight.

2. The parties are the mother for whom Mr Lewis, of counsel, appears and the independent children’s lawyer, Mr Walker. The mention is ex parte and the other parties to the proceedings are J’s paternal grandparents, who, as far as everyone is aware, are en route to Queensland for a holiday of three months duration. I accept that it is impracticable to provide the paternal grandparents with notice of the mention.

3. The child’s father, Mr Sawer, is not a participant in the proceedings. The circumstances of that and the relevant background to the case are rehearsed in my reasons for decisions in earlier hearings on 12 March 2009[1] and 10 June 2009.[2]

   [1] [2009] FamCA 496.

   [2] [2009] FamCA 516.

4. I have before me two affidavits filed on behalf of the mother and sworn by her solicitor today. Both affidavits annex documents from either the father or the mother. I have read them and have regard to the contents.

5. Also participating in this mention, is the family consultant designated to this matter, Ms N.

6. The mention is being conducted by telephone link up between the Melbourne Registry (where…