FEDERAL CIRCUIT COURT OF AUSTRALIA
| SEARLE & MELLOR | [2016] FCCA 2698 |
| Catchwords: FAMILY LAW – Interim parenting hearing – Orders made – Mother’s stay application pending appeal – Stay of court’s interim orders made subject to a condition providing for children’s time with father to be supervised by his current partner. |
| Cases cited: Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106 Clemett & Clemett (1981) FLC 91-013 EJK v TSL(No 2) [2006] FamCA 806 Windsor & Kava [2015] FamCA 668 |
| Applicant: | MS SEARLE |
| Respondent: | MR MELLOR |
| File Number: | PAC 1613 of 2014 |
| Judgment of: | Judge Newbrun |
| Hearing date: | 26 August 2016 |
| Date of Last Submission: | 12 October 2016 |
| Delivered at: | Parramatta |
| Delivered on: | 20 October 2016 |
REPRESENTATION
| Solicitors for the Applicant: | Farah Lawyers, Solicitors & Barristers |
| Solicitors for the Respondent: | CBD Legal |
| Solicitors for the Independent Children’s Lawyer: | Legal Aid NSW Parramatta Family Law |
ORDERS
The Court’s interim orders of 17 May 2016 are stayed, pending the mother’s hearing of her appeal to the Family Court of Australia on 17 November 2016, on the condition that the children X born (omitted) 2004 and Y born (omitted) 2009 (“the children”) spend time with the father, supervised by and in the presence of his current partner Ms A, each Saturday from 2:00pm until 4:00pm, such time commencing on Saturday, 22 October 2016.
The changeover for the children’s time with the father, referred to in order 1, shall occur outside the ticket office at (omitted) Railway Station.
IT IS NOTED that publication of this judgment under the pseudonym Searle & Mellor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PARRAMATTA |
PAC 1613 of 2014
| MS SEARLE |
Applicant
And
| MR MELLOR |
Respondent
REASONS FOR JUDGMENT
The mother has made an application for a stay pending appeal of the Court’s interim parenting orders of 17 May 2016.
Those orders provided, inter alia, that two (2) young children of the relationship, Y aged almost 7 years, and X, aged almost 12 years, could spend unsupervised time with the father from 11:00am to 5:00pm on fortnightly Saturdays.
The mother did not comply with the Court’s orders of 17 May 2016, which led to the father filing a Contravention Application on 8 June 2016. That Contravention Application is yet to be determined by the Court.
The mother relies upon her Application in a Case filed 15 June 2016 and supporting affidavit filed on the same date. The grounds of appeal are attached to the Notice of Appeal, which was filed on 10 June 2016.
The mother filed written submissions in respect to the stay application on 4 September 2016. The father filed written submissions similarly dated 22 September 2016.
Chronology
On 23 September 2014, by consent, court orders were made providing for the children to live with the mother; the father was to submit himself to urine analysis testing; both parties shall proceed to make contact and attend the intake procedures at…
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- Searle and Mellor [2016] FCCA 2698
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- [2016] FCCA 2698
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CaseChat Overview and Summary
The court was required to determine the terms of interim parenting orders pending the mother's appeal to the Family Court of Australia. This involved considering the conditions under which the children would spend time with the father.
Judge Newbrun ordered that the interim orders of 17 May 2016 be stayed pending the mother's appeal. This stay was conditional upon the children spending time with the father each Saturday from 2:00 pm to 4:00 pm, commencing 22 October 2016. Crucially, this time was to be supervised by and in the presence of the father's current partner, Ms A. The court further specified that the changeover for this supervised time was to occur outside the ticket office at (omitted) Railway Station.
Orders
Orders of the court
1.
The Court’s interim orders of 17 May 2016 are stayed, pending the mother’s hearing of her appeal to the Family Court of Australia on 17 November 2016, on the condition that the children X born (omitted) 2004 and Y born (omitted) 2009 (“the children”) spend time with the father, supervised by and in the presence of his current partner Ms A, each Saturday from 2:00pm until 4:00pm, such time commencing on Saturday, 22 October 2016.
2.
The changeover for the children’s time with the father, referred to in order 1, shall occur outside the ticket office at (omitted) Railway Station.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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