Shabul and Moylan

[2010] FamCA 1202

FAMILY COURT OF AUSTRALIA

SHABUL & MOYLAN [2010] FamCA 1202

FAMILY LAW – CONSENT ORDERS – Equal shared parental responsibility

APPLICANT: Mr Shabul

RESPONDENT: Ms Moylan

FILE NUMBER: CAC 1660 of 2010

DATE DELIVERED: 8 November 2010

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 8 November 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms A. Northcote

SOLICITOR FOR THE APPLICANT: Farrar Gesini & Dunn

COUNSEL FOR THE RESPONDENT: No appearance by or on behalf of the respondent

SOLICITOR FOR THE RESPONDENT: No appearance by or on behalf of the respondent

Orders

IT IS ORDERED THAT:

1. Orders are made in accordance with the Terms of Settlement and note the matters that are therein noted.  I initial the Terms of Settlement and date them with today’s date and place on the Court file.

2. I direct the matter be removed from pending cases list.

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

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 1660 of 2010

MR SHABUL

Applicant

And

MS MOYLAN

Respondent

REASONS FOR JUDGMENT

1. I will just briefly, simply to cover the contingency, as I am making an order for equal shared parental responsibility, presumptions follow from that which I need to deal with.  The better view is that I do not need to do this with consent orders, however, in this matter, I simply indicate that, notwithstanding that I am making such an order, it is not appropriate that there should be either equal time or substantial and significant time sharing arrangement.  And the reason for that is, in part, the impracticability of it in terms of the arrangements that exist and in part because it is agreed between the parties that that is not what should be the case. 

2. Accordingly, in my opinion, it would be in the interests of the children that I should make the orders that are being sought and I will make them accordingly.

I certify that the preceding two (2) paragraphs are a true copy of the reasons for judgment of the Honourable Deputy Chief Justice Faulks delivered on 8 November 2010.

Senior Legal Associate:

Date:  21 December 2010